Legal Opinion

People v. Figueroa

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 2011PublishedCited by 5 opinions

1Opinion of the Court

*1007As correctly conceded by the People, the sentence imposed by the County Court, upon the defendant’s plea of guilty, was inconsistent with the sentence promised by the County Court at the plea proceeding. The County Court had promised the defendant that he would receive, at most, a determinate sentence of 18 years of incarceration; however, such a sentence would have been illegal (see Penal Law § 70.00 [1], [3] [a] [i]). The defendant actually received a legal sentence consisting of an indeterminate term of incarceration of 18 years to life. Accordingly, under the circumstances, the sentence…

2Cases cited3 opinions

  1. People v. SelikoffNew York Court of Appeals · 1974
  2. People v. CameronNew York Court of Appeals · 1994
  3. People v. Sosa-RodriguezAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by5 opinions

  1. People v. SirabellaAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. FaulconAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. FaulconAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. MooreAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. MooreAppellate Division of the Supreme Court of the State of New York · 2014

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