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People v. Otero

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 413 (N.Y. App. Div. 2000)

Opinion

Submitted April 12, 2000.

June 19, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered September 22, 1997, convicting him of grand larceny in the fourth degree, upon his plea of guilty, and imposing sentence.

Susan B. Marhoffer, Mount Kisco, N.Y., for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Maurice Benzaquen on the brief), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant was adequately apprised at the plea proceeding that the court would not be bound by its sentence promise and could impose a harsher sentence if, inter alia, he was arrested for another crime (see, People v. Figgins, 87 N.Y.2d 840). Consequently, the court providently exercised its discretion in denying his motion to withdraw his plea.

The defendant's remaining contentions, including those in his supplemental pro se brief, are without merit.


Summaries of

People v. Otero

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 413 (N.Y. App. Div. 2000)
Case details for

People v. Otero

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. LOUIE OTERO, APPELLANT. (IND. NO. 6642/96)

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

Date published: Jun 19, 2000

Citations

273 A.D.2d 413 (N.Y. App. Div. 2000)
711 N.Y.S.2d 336