From Casetext: Smarter Legal Research

People v. Headley

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 857 (N.Y. App. Div. 1995)

Opinion

September 29, 1995

Appeal from the Onondaga County Court, Cunningham, J.

Present — Lawton, J.P., Fallon, Callahan, Davis and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that defendant's motion to suppress the physical evidence was properly denied for reasons stated in the decision by the suppression court. The contention of defendant that he was denied the benefit of his plea bargain has not been preserved for our review (see, People v Moore, 155 A.D.2d 696). The record establishes that defendant agreed with the sentencing court's final determination that the bargained for sentence was legally impossible, and neither objected to the sentence imposed as violative of the sentence commitment nor moved to vacate his plea (see, People v Ellis, 162 A.D.2d 701, lv denied 76 N.Y.2d 892).


Summaries of

People v. Headley

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 857 (N.Y. App. Div. 1995)
Case details for

People v. Headley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY HEADLEY, Appellant

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

Date published: Sep 29, 1995

Citations

219 A.D.2d 857 (N.Y. App. Div. 1995)
632 N.Y.S.2d 1007

Citing Cases

People v. Wilson

Memorandum: By failing to move to withdraw her plea of guilty or to object to the sentence imposed on the…

People v. Luddington

County Court later resentenced defendant, however, to an indeterminate term of incarceration of 2 to 4 years…