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People v. Ford

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1998
246 A.D.2d 665 (N.Y. App. Div. 1998)

Opinion

January 26, 1998

Appeal from the County Court, Nassau County (Cotter, J.).


Ordered that the judgment is affirmed.

We reject the defendant's contention that the court erred in denying his motion to vacate his plea of guilty. The record clearly establishes that the defendant knowingly, intelligently, and voluntarily pleaded guilty ( see, People v. Harris, 61 N.Y.2d 9), and his claim that he did not have sufficient time to consult with counsel before pleading guilty is contradicted by the record ( see, People v. Breeden, 221 A.D.2d 352).

The defendant's contentions concerning his sentence are also without merit. Since the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter imposed, he has no basis to now complain that his sentence was excessive ( see, People v. Kazepis, 101 A.D.2d 816). We reject the defendant's claim that the court's imposition of "restitution in the form of the forfeiture agreement of $145" was illegal. To the extent that the court required the defendant to make restitution of the $20 used by an undercover police officer to purchase the controlled substance from the defendant, it is clearly permissible (see, Penal Law § 60.27; People v. Tracey, 221 A.D.2d 738; People v. Dubner, 186 A.D.2d 580). Moreover, it is clear that the remainder of the payment was a civil forfeiture which the defendant had agreed to pay as a condition of his plea agreement ( see, People v. Concepcion, 188 A.D.2d 483).

Mangano, P.J., Copertino, Joy, Florio and Luciano, JJ., concur.


Summaries of

People v. Ford

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1998
246 A.D.2d 665 (N.Y. App. Div. 1998)
Case details for

People v. Ford

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT FORD, Appellant

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

Date published: Jan 26, 1998

Citations

246 A.D.2d 665 (N.Y. App. Div. 1998)
666 N.Y.S.2d 947

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