People v. Cruz

2 Citing cases

  1. People v. O'Connor

    276 A.D.2d 364 (N.Y. App. Div. 2000)

    Before: Tom, J.P., Mazzarelli, Lerner, Rubin, Friedman, JJ. The court properly imposed a greater sentence than had been conditionally promised at the time of the plea, and properly denied defendant's motion to withdraw the plea, in light of defendant's violation of all the conditions of the plea agreement as well as his misrepresentations about his identity and status as a first felony offender (see, People v. Black, 253 A.D.2d 714; People v. Cruz, 237 A.D.2d 218, lv denied 89 N.Y.2d 1090; see also, People v. Murello, 39 N.Y.2d 879). THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

  2. People v. James

    239 A.D.2d 243 (N.Y. App. Div. 1997)   Cited 5 times

    Having failed to move to withdraw his plea on the specific grounds now asserted on appeal, defendant's current claim that he was inadequately warned that a violation of the plea conditions would result in an enhanced sentence is unpreserved for appellate review ( People v. Mackey, 77 N.Y.2d 846), and we decline to review it in the interest of justice. Were we to review it, we would find it without merit ( People v. Cruz, 237 A.D.2d 218), and that defendant's use of false pedigree information to obtain a favorable plea bargain independently justified an enhanced sentence with no option to withdraw the plea ( supra). Concur — Milonas, J.P., Nardelli, Williams and Andrias, JJ.