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People v. Coleman

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 227 (N.Y. App. Div. 1999)

Opinion

Submitted September 29, 1999

November 1, 1999

Elizabeth S. Ostrow, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Diane R. Eisner of counsel; Robert W. Ho on the brief), for respondent.

SONDRA MILLER, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered November 12, 1996, convicting him of attempted assault in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

As a condition of his plea agreement, the defendant was warned to stay out of trouble pending sentence or the court would impose an enhanced sentence. At sentencing, the court was informed that the defendant had been rearrested and indicted on, inter alia, robbery charges. We reject the defendant's contention that the court impermissibly enhanced his sentence. Since the defendant had been indicted, the court was assured that there was a legitimate basis for the new charges. Thus, the court properly exercised its discretion in imposing an enhanced sentence (see, People v. Outley, 80 N.Y.2d 702, cert denied 519 U.S. 964 ; People v. Maietta, 80 N.Y.2d 702 ; People v. Ruffin, 208 A.D.2d 657 ).

S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.


Summaries of

People v. Coleman

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 227 (N.Y. App. Div. 1999)
Case details for

People v. Coleman

Case Details

Full title:THE PEOPLE, etc., respondent, v. OMAR COLEMAN, appellant. (Ind. No…

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

Date published: Nov 1, 1999

Citations

266 A.D.2d 227 (N.Y. App. Div. 1999)
697 N.Y.S.2d 683

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