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People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 2008
56 A.D.3d 800 (N.Y. App. Div. 2008)

Opinion

No. 2007-02258.

November 25, 2008.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered March 2, 2007, convicting him of coercion in the first degree, upon his plea of guilty, and imposing sentence.

Judith Young, Bloomingburg, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Elizabeth L. Guinup and Andrew R. Kass of counsel), for respondent.

ROBERT A. SPOLZINO, J.P., FRED T. SANTUCCI, HOWARD MILLER, THOMAS A. DICKERSON, RANDALL T. ENG, JJ.

Before: Spolzino, J.P., Santucci, Miller, Dicker son and Eng, JJ.


Ordered that the judgment is affirmed.

The defendant contends that his plea of guilty should be vacated because the sentencing court failed to fulfill an implicit promise made at the time of the plea that he would receive shock incarceration. However, a careful reading of the transcript of the plea proceedings fails to support the defendant's contention ( see People v Taylor, 284 AD2d 573; People v Christian, 158 AD2d 705).


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 2008
56 A.D.3d 800 (N.Y. App. Div. 2008)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL MARTINEZ…

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

Date published: Nov 25, 2008

Citations

56 A.D.3d 800 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9422
867 N.Y.S.2d 692

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