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People v. Carson

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 2006
25 A.D.3d 454 (N.Y. App. Div. 2006)

Opinion

7611.

January 19, 2006.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J., at plea; John P. Collins, J., at sentence), rendered September 4, 2003, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of 2 1/3 to 7 years, unanimously affirmed.

Richard M. Greenberg, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Andrew S. Holland of counsel), for respondent.

Before: Tom, J.P., Marlow, Williams, Sweeny and Malone, JJ., concur.


Since defendant did not contest the allegation that he had violated his plea agreement, nor offer any excuse therefor, and did not request a hearing, the court was not obligated to conduct any further inquiry, and it properly imposed the enhanced sentence provided for in the agreement ( see People v. Valencia, 3 NY3d 714).


Summaries of

People v. Carson

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 2006
25 A.D.3d 454 (N.Y. App. Div. 2006)
Case details for

People v. Carson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH CARSON…

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

Date published: Jan 19, 2006

Citations

25 A.D.3d 454 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 308
806 N.Y.S.2d 875