Legal Opinion
People v. Gamble
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 1985PublishedCited by 25 opinions
1Opinion of the Court
Appeal by defendant from a judgment of the County Court, Suffolk County (Mullen, J.), rendered April 15, 1983, convicting him of grand larceny in the second degree, upon his plea of guilty, and imposing sentence.
*870Judgment affirmed.
Defendant contends that the County Court erred by not affording him an opportunity to withdraw his plea of guilty before imposing a higher sentence than that originally negotiated in the plea agreement. Although that is the usual rule (Santobello v New York, 404 US 257), it does not apply to the instant case. Taken as a whole, the record indicates the clear intent of…
2Cases cited5 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- People v. McDanielsAppellate Division of the Supreme Court of the State of New York · 1985
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1984
- People v. InnesAppellate Division of the Supreme Court of the State of New York · 1985
- People v. ChevalierAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by25 opinions
- People v. WarrenAppellate Division of the Supreme Court of the State of New York · 1986
- People v. AsencioAppellate Division of the Supreme Court of the State of New York · 1988
- People v. CaridiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. ThorpeAppellate Division of the Supreme Court of the State of New York · 1993
- People v. HladkyAppellate Division of the Supreme Court of the State of New York · 1990
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