People v. Pascal

• Decision Date: 02 July 1984
• Citation: 477 N.Y.S.2d 229,103 A.D.2d 757
• Parties: The PEOPLE, etc., Respondent, v. Roberto PASCAL, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 229

477 N.Y.S.2d 229

103 A.D.2d 757

The PEOPLE, etc., Respondent, v. Roberto PASCAL, Appellant.

Supreme Court, Appellate Division Second Department.

July 2, 1984.

Michael Eisenstein, New York City, for appellant and appellant pro se.

Elizabeth Holtzman, Dist. Atty., Brooklyn (Karen M. Wigle, Great Neck and Barbara D. Underwood, Brian D. Foley, Asst. Dist. Attys., Brooklyn, of counsel), for respondent.

Before BRACKEN, J.P., and WEINSTEIN, BROWN and NIEHOFF, JJ.

MEMORANDUM BY THE COURT.

Appeals by defendant (1) from two judgments of the Supreme Court, Kings County, each rendered June 19, 1980, convicting him on indictment nos. 2179/79 and 2619/79 of murder in the second degree (two counts), attempted murder in the second degree, robbery in the first degree, criminal possession of a weapon in the second degree and assault in the second degree, upon a jury verdict, and sentencing him to two indeterminate terms of imprisonment of 25 years to life, two indeterminate terms of imprisonment of eight to 24 years, and indeterminate terms of imprisonment of three to nine years and two to six years, all terms to run concurrently with each other, and (2) from three other judgments of the same court, also each rendered June 19, 1980, convicting him of murder in the second degree on indictment no. 2568/79 and robbery in the first degree (two counts) on indictment nos. 2995/79 and 180/80, upon pleas of guilty, and sentencing him to a term of imprisonment of 25 years to life and two indeterminate terms of imprisonment of eight to 24 years, to run concurrently with each other and to run concurrently with the sentences imposed upon his convictions with respect to indictment nos. 2179/79 and 2619/79.

Judgment with respect to indictment no. 2568/79 modified, on the law, by reducing the sentence imposed to an indeterminate term of imprisonment of 15 years to life. As so modified, judgment affirmed.

Judgments with respect to indictment nos. 2179/79, 2619/79, 2995/79 and 180/80 affirmed.

During the plea allocution with respect to indictment no. 2568/79, the court said:

"I've read the pre-sentence report of and I thought that in view of his record and in view of these three pending cases I have before me, that he was deserving of 25 to life; but I'm not going to give him 25 to life on this case because he's throwing himself on the mercy of the Court. I intend to give him 15 to life on this case, to run concurrently with the 25 to life that he has on the other case".

The court subsequently sentenced defendant to an indeterminate term of imprisonment of 25 years to life on his conviction with respect to indictment no. 2568/79. Defendant maintains that the promised sentence should have been imposed. We agree.

A promise regarding sentencing made at the time a guilty plea is taken must be fulfilled provided that no information is subsequently learned rendering improvident the promised sentence (see People v. Griffith, 43 A.D.2d 20, 349...