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People v. Bradley

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 5, 1992
184 A.D.2d 1041 (N.Y. App. Div. 1992)

Opinion

June 5, 1992

Appeal from the Supreme Court, Monroe County, Doyle, J.

Present — Denman, P.J., Boomer, Pine, Balio and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Prior to trial, defendant was offered a plea bargain contingent on his codefendant's acceptance of a similar offer. When the codefendant rejected his offer, he and defendant proceeded to trial. Whether a defendant should be offered a plea rests in the discretion of the prosecutor, and there was nothing improper about the offer made in this case (see, People v. Pena, 50 N.Y.2d 400, 411-412, cert denied 449 U.S. 1087; People v. Brown, 144 A.D.2d 975, 976, lv denied 73 N.Y.2d 889; see also, People v. Esajerre, 35 N.Y.2d 463, 466). The mere fact that defendant was ultimately sentenced to a term of incarceration greater than that offered as a part of the plea bargain does not render his sentence harsh or excessive (see, People v. Rodriguez, 111 A.D.2d 524, 525; see also, People v. Pena, supra, at 411-412).

We have examined defendant's other contentions and find them to be without merit (see, People v. Diaz, 177 A.D.2d 982, lv denied 79 N.Y.2d 855).


Summaries of

People v. Bradley

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 5, 1992
184 A.D.2d 1041 (N.Y. App. Div. 1992)
Case details for

People v. Bradley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SYLVESTER BRADLEY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 5, 1992

Citations

184 A.D.2d 1041 (N.Y. App. Div. 1992)
585 N.Y.S.2d 264

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