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People v. Velazquez

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 1990
162 A.D.2d 745 (N.Y. App. Div. 1990)

Opinion

June 25, 1990

Appeal from the Supreme Court, Kings County (Slavin, J.).


Ordered that the sentence is modified, on the law, by vacating the indeterminate term of 2 1/2 to 5 years' imprisonment imposed upon the charge of criminal possession of a weapon in the third degree; as so modified, the sentence is affirmed.

Although it appears that criminal possession of a weapon in the third degree was among the original counts of the indictment, the minutes of the plea proceeding make clear that the defendant pleaded guilty to criminal possession of a controlled substance in the third degree "to cover" the entire indictment. The Supreme Court was therefore without jurisdiction to impose an indeterminate term of 2 1/2 to 5 years' imprisonment for criminal possession of a weapon in the third degree (see, People v Tulko, 135 A.D.2d 851). There is, however, no basis for disturbing the term of imprisonment imposed for criminal possession of a controlled substance in the third degree (see, People v Kazepis, 101 A.D.2d 816). Mangano, P.J., Kunzeman, Rubin and Harwood, JJ., concur.


Summaries of

People v. Velazquez

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 1990
162 A.D.2d 745 (N.Y. App. Div. 1990)
Case details for

People v. Velazquez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL VELAZQUEZ…

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

Date published: Jun 25, 1990

Citations

162 A.D.2d 745 (N.Y. App. Div. 1990)
557 N.Y.S.2d 136