From Casetext: Smarter Legal Research

People v. Bright

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1993
194 A.D.2d 479 (N.Y. App. Div. 1993)

Opinion

June 24, 1993

Appeal from the Supreme Court, New York County (Allen G. Alpert, J.).


The plea minutes disclose that as part of defendant's original negotiated plea, the court clearly promised to sentence him to a term of 1 to 3 years imprisonment on his violation of probation, to run concurrently with his sentence of 1 1/2 to 3 years on the attempted robbery charge. At sentencing, prosecutor, counsel and court all agreed that they would rely on those "agreed upon dispositions". There was no suggestion by any party that any circumstances had changed since the time of the plea. The court, however, proceeded to sentence defendant to 1 1/3 to 4 years imprisonment for the violation of probation, without providing any explanation for its decision to increase that agreed-upon sentence. As the People concede, since the sentence imposed did not conform to the terms of the plea bargain, defendant's sentence for violation of probation must be reduced to 1 to 3 years imprisonment, in accordance with the promise made to defendant in exchange for his guilty plea (People v. Sepulveda, 151 A.D.2d 335).

The unpublished order entered herein on June 3, 1993 is hereby recalled and vacated.

Concur — Sullivan, J.P., Ellerin, Wallach, Rubin and Nardelli, JJ.


Summaries of

People v. Bright

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1993
194 A.D.2d 479 (N.Y. App. Div. 1993)
Case details for

People v. Bright

Case Details

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

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

Date published: Jun 24, 1993

Citations

194 A.D.2d 479 (N.Y. App. Div. 1993)
599 N.Y.S.2d 968

Citing Cases

State v. Nash

The plea minutes reveal that the defendant pleaded guilty to criminal possession of stolen property in the…

People v. Virola

At sentencing, the court was under the mistaken belief that restitution was part of the plea bargain, which…