People v. Hansen

• Decision Date: 07 December 1992
• Citation: 592 N.Y.S.2d 600,188 A.D.2d 487
• Parties: The PEOPLE, etc., Respondent, v. Edward C. HANSEN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 600

592 N.Y.S.2d 600

188 A.D.2d 487

The PEOPLE, etc., Respondent, v.Edward C. HANSEN, Appellant.

Supreme Court of New York, Appellate Division Second Department.

December 7, 1992

Bark & Silverman, Hauppauge (Peter David Bark, of counsel), for appellant.James M. Catterson, Jr., Dist. Atty., Riverhead (Karen Petterson, of counsel; Philip C. Wilcox, on the brief), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County(Vaughn, J.), rendered January 13, 1992, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.ORDERED that the judgment is affirmed and the matter is remitted to the County Court, Suffolk County for further proceedings pursuant to CPL 460.50(5).The record reveals that the defendant knowingly, voluntarily, and intelligently entered into a plea agreement pursuant to which he would receive one of two alternate sentences; either, five years probation, in the event he made restitution by the date of sentence, or five years probation and six months imprisonment, in the event he failed to make restitution.The defendant failed to make restitution and the court sentenced him to five years probation and six months imprisonment.Prior to the imposition of sentence, the court denied the defendant's application to withdraw his plea.On appeal, the defendant contends, inter alia, that he should have been permitted to withdraw his plea since the court allegedly failed to abide by its plea commitment in sentencing him to a term of six months imprisonment to run concurrently with, and as a condition of, his five-year term of probation.We disagree.Contrary to the defendant's contentions, the court fully adhered to the terms of its original sentence promise.The plea minutes reveal that the defendant agreed and understood that the court's sentence commitment was comprised of two possible alternatives; either five...