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People v. Haimson

Appellate Division of the Supreme Court of New York, Second Department
Aug 6, 1990
164 A.D.2d 867 (N.Y. App. Div. 1990)

Opinion

August 6, 1990

Appeal from the Supreme Court, Queens County (Sherman, J.).


Ordered that the judgments are affirmed.

It is apparent from the record that both the court and the defendant were fully aware of the sentence that the defendant was to receive in exchange for his plea, and the defendant received the sentence that he bargained for (see, People v Kazepis, 101 A.D.2d 816). In addition, the defendant's purported medical condition is dehors the record, and in any event does not constitute an "extraordinary circumstance" that would justify interference with the sentence imposed in the exercise of our interest of justice jurisdiction (see, People v Cyr, 119 A.D.2d 901; People v Suitte, 90 A.D.2d 80; People v Roman, 84 A.D.2d 851). Although there were inaccuracies in the Department of Probation's records as to the indictment number, date of plea, and date of sentencing with respect to the defendant's prior Federal conviction, the defendant nevertheless, in the presence of counsel and before the sentencing court, admitted the existence and nature of his prior felony conviction, and did not contest its constitutionality, challenge the court's consideration of the prior conviction, or object to being sentenced as a predicate felon (see, People v Bouyea, 64 N.Y.2d 1140). Mangano, P.J., Kunzeman, Kooper, Sullivan and O'Brien, JJ., concur.


Summaries of

People v. Haimson

Appellate Division of the Supreme Court of New York, Second Department
Aug 6, 1990
164 A.D.2d 867 (N.Y. App. Div. 1990)
Case details for

People v. Haimson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IRVING HAIMSON…

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

Date published: Aug 6, 1990

Citations

164 A.D.2d 867 (N.Y. App. Div. 1990)

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