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People v. Bowen

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 64 (N.Y. App. Div. 1986)

Opinion

July 7, 1986

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Judgment affirmed.

By pleading guilty, the defendant forfeited review of his claim that the prosecutor's conduct before the Grand Jury impaired its integrity (see, People v Taylor, 65 N.Y.2d 1, 5; People v Di Raffaele, 55 N.Y.2d 234, 240).

Nor do any of the defendant's other contentions entitle him to withdraw his plea. The negotiated plea bargain did not include any promise by the prosecution to recommend a lesser sentence if the defendant cooperated in future investigations, the allocution satisfied the requirements of People v Harris ( 61 N.Y.2d 9) and the sentence imposed was less than that negotiated. We find no basis for modifying the terms of the freely negotiated agreement (see, People v La Lande, 104 A.D.2d 1052). Lazer, J.P., Mangano, Gibbons and Bracken, JJ., concur.


Summaries of

People v. Bowen

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 64 (N.Y. App. Div. 1986)
Case details for

People v. Bowen

Case Details

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

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

Date published: Jul 7, 1986

Citations

122 A.D.2d 64 (N.Y. App. Div. 1986)

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