(Download) "People v. Bania" by Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts " Book PDF Kindle ePub Free
eBook details
- Title: People v. Bania
- Author : Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts
- Release Date : January 20, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The issues raised on these appeals concern the propriety of the sentences imposed. Defendant argues that the sentencing court should not have imposed sex offender conditions of probation. "It is a basic principle of our law that a guilty plea induced by an unfulfilled promise either must be vacated or the promise honored" (People v Torres, 45 NY2d 751, 753 [1978]). Herein, defendant negotiated a plea to two class A misdemeanors in exchange for a promised sentence of a maximum 60-day term of incarceration and three years probation. He subsequently pleaded guilty to those misdemeanors and was given said sentence, which included sex offender conditions of probation of which he had not been previously advised. Defense counsel objected to said conditions, which defendant refused to sign, and moved to vacate the plea. The court denied such motion. Defendant has completed his term of incarceration and a stay is in effect in regard to the sex offender conditions of probation.