People v. Capuano

• Decision Date: 20 July 1998
• Citation: 252 A.D.2d 560,675 N.Y.S.2d 889
• Parties: 1998 N.Y. Slip Op. 7143 The PEOPLE, etc., Respondent, v. Anthony CAPUANO, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 889

675 N.Y.S.2d 889

1998 N.Y. Slip Op. 7143

The PEOPLE, etc., Respondent, v. Anthony CAPUANO, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

July 20, 1998.

George M. Harmel, Jr., Central Islip, N.Y., for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Kerri N. Lechtrecker of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered February 18, 1998, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The County Court did not improvidently exercise its discretion in denying the defendant's application to withdraw his plea of guilty before imposing a higher sentence than that originally negotiated in the plea agreement. The record indicates that the promised sentence was conditioned upon the defendant not being the subject of any new charges between the time of the plea proceeding and his appearance at the scheduled sentencing date. Therefore, since the defendant was subsequently arrested and charged with a crime, the court was free to impose a higher sentence (see, People v. Canecchia, 234 A.D.2d 606, 652 N.Y.S.2d 62; People v. Velez, 212 A.D.2d 647, 622 N.Y.S.2d 576; People v. Caridi, 148 A.D.2d 625, 539 N.Y.S.2d 88).

Furthermore, upon inquiry, the defendant admitted that he had been arrested after contraband was found in the vehicle in which he was a passenger. Therefore, a hearing was not necessary since the inquiry was sufficient to satisfy the court that there was a legitimate basis for the defendant's arrest (see, People v. Outley, 80 N.Y.2d 702, 713, 594 N.Y.S.2d 683, 610 N.E.2d 356; People v. Littlejohn, 209 A.D.2d 441, 618 N.Y.S.2d 734; People v. Kessner, 181 A.D.2d 1044, 582 N.Y.S.2d 584).

The defendant's remaining contentions have either been waived (see, People v. Taylor, 65 N.Y.2d 1, 5, 489 N.Y.S.2d 152, 478 N.E.2d 755) or are without merit (see, People v. Hayden, 154 A.D.2d 711, 546 N.Y.S.2d 688).

MANGANO, P.J., MILLER, PIZZUTO and KRAUSMAN, JJ., concur.