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People v. Leon

Appellate Division of the Supreme Court of New York, Second Department
Sep 23, 1991
176 A.D.2d 294 (N.Y. App. Div. 1991)

Opinion

September 23, 1991

Appeal from the County Court, Nassau County (Mackston, J.).


Ordered that the judgment is affirmed.

The sentence imposed was the sentence that the defendant had bargained for and agreed to as part of his negotiated plea. Thus, the defendant may not now complain that the sentence was excessive (People v. Corbin, 175 A.D.2d 171; People v. Kazepis, 101 A.D.2d 816). In any event, under the circumstances of this case, the sentence was not excessive (People v. Suitte, 90 A.D.2d 80).

The defendant additionally asserts that vacatur of the plea is required as a result of the court's promise that it would consider the imposition of a lesser sentence after it reviewed the presentence report. Under the circumstances of this case, this argument is without merit (see, People v. Lowe, 150 A.D.2d 801; People v. Reyes, 144 A.D.2d 394). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.


Summaries of

People v. Leon

Appellate Division of the Supreme Court of New York, Second Department
Sep 23, 1991
176 A.D.2d 294 (N.Y. App. Div. 1991)
Case details for

People v. Leon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROMULO LEON, Appellant

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

Date published: Sep 23, 1991

Citations

176 A.D.2d 294 (N.Y. App. Div. 1991)

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