People v. Hood

• Decision Date: 07 June 1984
• Citation: 62 N.Y.2d 863,477 N.Y.S.2d 621,466 N.E.2d 161
• Parties: , 466 N.E.2d 161 The PEOPLE of the State of New York, Respondent, v. Nathaniel HOOD and Gwendolyn Hood, Appellants.
• Court: New York Court of Appeals Court of Appeals

Page 621

477 N.Y.S.2d 621

62 N.Y.2d 863, 466 N.E.2d 161

The PEOPLE of the State of New York, Respondent, v. Nathaniel HOOD and Gwendolyn Hood, Appellants.

Court of Appeals of New York.

June 7, 1984.

Richard A. Greenberg, New York City, for Nathaniel Hood, appellant.

Julia Pamela Heit, New York City, for Gwendolyn Hood, appellant.

Elizabeth Holtzman, Dist. Atty. (Nikki Kowalski and Barbara D. Underwood, Asst. Dist. Attys., of counsel), for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 96 A.D.2d 1152, 467 N.Y.S.2d 107, should be affirmed.

Defendants are not entitled to specific performance of an alleged plea bargain which was never formally entered on the record.

Defendants, Nathaniel Hood and his sister Gwendolyn, were indicted for attempted murder in the first degree, attempted assault in the first degree, and criminal possession of a weapon in the second degree. In January, 1978, the case was moved to a trial part, and plea negotiations ensued. From his own discussions with counsel the Judge understood, just before the luncheon recess, that an agreement had been reached whereby Nathaniel would plead to assault in the first degree and receive a 15-year sentence and Gwendolyn would plead to a weapons possession charge and receive a sentence of probation, and that this agreement would be entered on the record upon resumption of the proceedings that afternoon. Not surprisingly, the parties at this stage present different accounts of what actually occurred in those off-the-record discussions. After lunch, the supervising prosecutor appeared and informed the court, on the record, that having consulted with the victim, the People determined that it was not appropriate to accept the plea bargain. Both defendants subsequently pleaded not guilty, proceeded to a Bench trial, and were convicted of attempted murder in the first degree and sentenced to terms of 15 years to life in prison. The Appellate Division affirmed the convictions.

Defendants are not entitled to specific performance of the alleged plea bargain. The statements on the record by the prosecutor rejecting the proposed plea bargain are inconsistent with defendants' contention that there had been a prior off-the-record unconditional acceptance by the People. Even if defendants' contentions were accepted, however, there is no basis for judicial recognition of a plea bargain until it is concluded by entry on the record. (See People v. Frederick, 45 N.Y.2d...