Legal Opinion

People v. Bennett

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

Decided June 7, 1991Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s contention that he was sentenced to a term of imprisonment in excess of that promised. The record indicates that, at the time defendant entered his plea, there was no promised sentence.

Also without merit is defendant’s contention that the sentence should be vacated because certain documents detailing the facts underlying prior convictions were presented to the court at the time of sentencing, and not 10 days prior to sentencing as required for a pre-sentence memorandum (see, CPL 390.40 [2]). Although it would have…

2Cases cited1 opinion

  1. People v. MullgravAppellate Division of the Supreme Court of the State of New York · 1988

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