People v. Munoz

• Decision Date: 31 December 1986
• Citation: 509 N.Y.S.2d 786,125 A.D.2d 715
• Parties: The PEOPLE, etc., Respondent, v. Domingo MUNOZ, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 786

509 N.Y.S.2d 786

125 A.D.2d 715

The PEOPLE, etc., Respondent, v. Domingo MUNOZ, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

December 31, 1986

Joel S. Ezra, New York City, for appellant. John J. Santucci, Dist. Atty., Kew Gardens (Sylvia N. O'Marad, on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Ferraro, J., at plea; Rubin, J., at sentence), rendered October 6, 1982, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. Contrary to the defendant's contentions, the record discloses that the sentence imposed was that to which the defendant had agreed and which had been promised by the court when he entered his plea of guilty. Accordingly, there is no merit to the defendant's contention that his judgment of conviction must now be reversed.

MOLLEN, P.J., and BRACKEN, LAWRENCE, KOOPER and SULLIVAN, JJ., concur.