| People v Delgado |
| 2007 NY Slip Op 09506 [45 AD3d 496] |
| November 29, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JuanDelgado, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Victoria E. Phillips of counsel), forrespondent.
Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered June 10,2005, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in thesecond degree, and sentencing him, as a second felony offender, to a term of seven years,unanimously affirmed.
The court properly determined that defendant had breached his plea agreement and forfeitedhis opportunity for a more lenient disposition. At the time of the plea, the court told defendantthat he would be allowed to replead to criminal possession of a weapon in the third degree andwould be sentenced to four years if he did not commit any crime between the plea and sentencedates. The court did nothing to suggest that defendant would only violate the plea agreement bybeing convicted of a crime before the sentence date. While awaiting sentence, defendantwas arrested on new charges. The sentencing court did not rely merely on the fact that defendanthad been rearrested. Instead, it read the grand jury minutes relating to the new charges andproperly determined that defendant had committed a crime, thus violating his plea agreement. Inany event, we note that defendant subsequently pleaded guilty under the new indictment.
The court did not rely on any impermissible factors in sentencing defendant to seven years,and we perceive no basis for reducing the sentence. Concur—Tom, J.P., Saxe, Friedman,Williams and Buckley, JJ.