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People v. Gutierrez

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 2000
276 A.D.2d 804 (N.Y. App. Div. 2000)

Opinion

Submitted August 18, 2000

October 30, 2000.

Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered May 27, 1999, convicting him of robbery in the first degree, robbery in the second degree, burglary in the first degree, burglary in the second degree, and criminal possession of a firearm in the first degree, upon his plea of guilty, and imposing sentence.

Robert J. Rountry, Freeport, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Bruce E. Whitney and Alexis Kriedman of counsel), for respondent.

Before: GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that he is entitled to go to trial because the County Court did not impose the sentence he was originally promised as part of his plea agreement is without merit. The record reveals that the County Court gave the defendant an opportunity to withdraw his plea, and that he refused this offer (cf., People v. McKinney, 215 A.D.2d 407).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).


Summaries of

People v. Gutierrez

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 2000
276 A.D.2d 804 (N.Y. App. Div. 2000)
Case details for

People v. Gutierrez

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. JOSE GUTIERREZ, APPELLANT. (IND. NO…

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

Date published: Oct 30, 2000

Citations

276 A.D.2d 804 (N.Y. App. Div. 2000)
715 N.Y.S.2d 164