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People v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1980
76 A.D.2d 962 (N.Y. App. Div. 1980)

Opinion

June 12, 1980


Appeal from a judgment of the County Court of Washington County, rendered June 1, 1977, convicting defendant upon his plea of guilty of two counts of the crime of promoting prison contraband in the second degree. Defendant was sentenced to confinement for one year in the Washington County Correctional Facility on each count, the sentences to run concurrently as to each other, but consecutively with the present sentence the defendant is serving at the Clinton Correctional Facility. On this appeal, the defendant urges principally that the sentences imposed violated a plea bargain and were excessive and unduly harsh. The judgment of conviction should be affirmed, without prejudice, however, to a motion by the defendant pursuant to CPL article 440 to determine whether there was an unkept oral promise with respect to the sentences imposed. (See People v. Edwards, 53 A.D.2d 647; People v Wetmore, 51 A.D.2d 591.) Judgment affirmed. Mahoney, P.J., Sweeney, Kane, Main and Casey, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1980
76 A.D.2d 962 (N.Y. App. Div. 1980)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD SMITH, Appellant

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

Date published: Jun 12, 1980

Citations

76 A.D.2d 962 (N.Y. App. Div. 1980)