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People v. Anonymous

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1998
253 A.D.2d 709 (N.Y. App. Div. 1998)

Opinion

September 29, 1998

Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).


Defendant's contentions regarding the purported violation of his cooperation agreement are unpreserved for appellate review since defendant, at sentencing, never argued that the court had committed a substantive or procedural error in imposing sentence, and since the court imposed a sentence within the limits authorized by statute ( see, People v. Hurley, 75 N.Y.2d 887; People v. Anonymous, 249 A.D.2d 167). In any event, pursuant to the agreement, the determination of the value of defendant's services was within the People's sole discretion and since their determination that defendant's cooperation failed to comply with the agreement was made in good faith, defendant's claim is without merit ( see, People v. Anonymous, 219 A.D.2d 525, lv denied 87 N.Y.2d 844; People v. Apolinar, 208 A.D.2d 548, lv denied 84 N.Y.2d 1028).

We conclude that, under all the circumstances, counsel provided meaningful representation (People v. Baldi, 54 N.Y.2d 137; see, People v. Benevento, 91 N.Y.2d 708, 713-714).

We perceive no abuse of sentencing discretion.

Oral application made at call of the calendar to release decision under the caption of "People v. Anonymous" granted.

Concur — Milonas, J. P., Rosenberger, Ellerin, Wallach and Williams, JJ.


Summaries of

People v. Anonymous

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1998
253 A.D.2d 709 (N.Y. App. Div. 1998)
Case details for

People v. Anonymous

Case Details

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

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

Date published: Sep 29, 1998

Citations

253 A.D.2d 709 (N.Y. App. Div. 1998)
680 N.Y.S.2d 477

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