People v. Winston
| Decision Date | 12 November 1985 |
| Citation | 494 N.Y.S.2d 1012,114 A.D.2d 918 |
| Parties | The PEOPLE, etc., Respondent, v. Allen WINSTON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Julian R. Weinberg, New York City, for appellant.
John J. Santucci, Dist. Atty., Kew Gardens (Robin Klar, Brooklyn, of counsel), for respondent.
Before MANGANO, J.P., and BRACKEN, O'CONNOR and WEINSTEIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from two judgments of the Supreme Court, Queens County both rendered November 3, 1983, convicting him of attempted criminal sale of a controlled substance in the fifth degree under Ind. No. 8208/82 and attempted criminal possession of a controlled substance in the fifth degree under Ind. No. 8230/82, upon his pleas of guilty, and sentencing him as a second felony offender to concurrent indeterminate terms of one and one half to three years imprisonment.
Judgments affirmed.
Defendant contends that the concurrent sentences of one and a half to three years were excessive under the circumstances.However, the terms imposed were the minimum permitted by statute(Penal Law § 70.06[3][e];[4][b] ).In addition, since the sentence was in accordance with a negotiated...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 7-day Trial
-
People v. Lopez
...may not now be heard to complain (see, People v. Gonzalez, supra; People v. Handlin, 156 A.D.2d 380, 548 N.Y.S.2d 334; People v. Winston, 114 A.D.2d 918, 494 N.Y.S.2d 1012; People v. Kazepis, 101 A.D.2d 816, 817, 475 N.Y.S.2d ...
-
People v. Miller
...of the original plea agreement, the defendant has no cause to complain that the sentence imposed is excessive (see, People v. Winston, 114 A.D.2d 918, 494 N.Y.S.2d 1012; People v. Kazepis, 101 A.D.2d 816, 817, 475 N.Y.S.2d 351; see also, People v. Perkins, 130 A.D.2d 521, 522, 515 N.Y.S.2d ......
-
People v. Aloisi
...the bail-jumping plea proceedings, the defendant may not now be heard to argue that the sentences are excessive (see, People v. Winston, 114 A.D.2d 918, 494 N.Y.S.2d 1012; People v. Kazepis, 101 A.D.2d 816, 817, 475 N.Y.S.2d 351; see also, People v. Warren, 121 A.D.2d 418, 503 N.Y.S.2d We h......
-
People v. DiSalvo
...a negotiated plea agreed to by the defendant, he has no basis to now complain that his sentence is excessive (see, People v. Winston, 114 A.D.2d 918, 494 N.Y.S.2d 1012; People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d BRACKEN, J.P., and LAWRENCE, EIBER, HARWOOD and ROSENBLATT, JJ., concur. ...