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People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1987
134 A.D.2d 383 (N.Y. App. Div. 1987)

Opinion

November 9, 1987

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


Ordered that the judgments are affirmed.

The defendant failed to raise his claim that he did not understand all the terms of the plea agreement at any time before the sentences were imposed. Accordingly, his claim is not preserved for appellate review as a matter of law (see, People v. Hoke, 62 N.Y.2d 1022; People v. Pellegrino, 60 N.Y.2d 636).

Furthermore, the defendant's claim that he believed that the promised sentences were merely the maximum sentences the court might impose is not supported by the record. The promised sentences were stated clearly and unequivocally by the court and the prosecutor. The court's use of the phrase "that would be the maximum" in the context of explaining to the defendant that all his sentences would run concurrently did not undermine the certainty of the promise. There was no ambiguity as to the terms of the plea bargain. Thus, the court properly accepted the pleas of guilty and imposed the promised sentences. Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1987
134 A.D.2d 383 (N.Y. App. Div. 1987)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO TORRES…

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

Date published: Nov 9, 1987

Citations

134 A.D.2d 383 (N.Y. App. Div. 1987)

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