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People v. Cunningham

Appellate Division of the Supreme Court of New York, Third Department
Jul 29, 1976
53 A.D.2d 1001 (N.Y. App. Div. 1976)

Opinion

July 29, 1976


Appeal from a judgment of the County Court of Rensselaer County, rendered November 26, 1975, which resentenced defendant to an indeterminate term of not more than five years following his pleas of guilty to the crimes of criminally selling a dangerous drug in the fourth degree and criminal possession of a dangerous drug in the fifth degree. Defendant's primary claim on this appeal is that his plea of guilty to the above enumerated charges was induced by promises concerning his sentence which were not honored. This court has already determined that the trial "court questioned the defendant in regard to any promises as to sentence and it was established that as a result of plea bargaining there had been an agreement as to the maximum sentence which would be imposed upon the plea of guilty" (People v Cunningham, 46 A.D.2d 709). We see nothing in this record which warrants a disturbance of our prior findings. Judgment affirmed. Greenblott, J.P., Sweeney, Mahoney, Larkin and Reynolds, JJ., concur.


Summaries of

People v. Cunningham

Appellate Division of the Supreme Court of New York, Third Department
Jul 29, 1976
53 A.D.2d 1001 (N.Y. App. Div. 1976)
Case details for

People v. Cunningham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD CUNNINGHAM…

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

Date published: Jul 29, 1976

Citations

53 A.D.2d 1001 (N.Y. App. Div. 1976)