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People v. Hardy

Appellate Division of the Supreme Court of New York, First Department
Jan 3, 2002
290 A.D.2d 221 (N.Y. App. Div. 2002)

Opinion

5770

January 3, 2002.

Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered April 28, 1999, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

ELI R. KOPPEL, for respondent.

EUGENE B. NATHANSON, for defendant-appellant.

Before: Nardelli, J.P., Williams, Andrias, Saxe, Friedman, JJ.


Defendant's plea withdrawal motion was properly denied. The court conducted a sufficient inquiry into defendant's rejection by a drug treatment program before imposing a prison sentence in accordance with terms of the plea bargain, and did not merely accede to the prosecutor's request. Informed that defendant was rejected by the program due to his extensive criminal record, the court reviewed defendant's criminal history and confirmed that his rejection had a legitimate basis. The plea minutes establish defendant's full understanding of the terms of the plea bargain. Defendant was clearly warned by the court that his criminal history was a relevant factor in determining whether he would be accepted into the program (see, People v. Scott, 276 A.D.2d 351, lv denied 96 N.Y.2d 787), and we reject defendant's claim that he was lured into pleading guilty by the offer of a drug program for which he had no chance of being accepted.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Hardy

Appellate Division of the Supreme Court of New York, First Department
Jan 3, 2002
290 A.D.2d 221 (N.Y. App. Div. 2002)
Case details for

People v. Hardy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RICHARD HARDY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 3, 2002

Citations

290 A.D.2d 221 (N.Y. App. Div. 2002)
735 N.Y.S.2d 124

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