PEOPLE v. MAIETTA


173 A.D.2d 17 (1991)

The People of the State of New York, Respondent, v. Michael Maletta, Also Known as Michael Maletta, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 24, 1991


Attorney(s) appearing for the Case

David H. Fromm of counsel (Polatsek & Fromm, attorneys), for appellant.

Daniel S. Ratner of counsel (Billie Manning with him on the brief; Robert T. Johnson, District Attorney, attorney), for respondent.

SULLIVAN, J. P., and ASCH, J., concur with ROSS, J.; MILONAS and SMITH, JJ., dissent in part in an opinion by MILONAS, J.


ROSS, J.

The appeal before us presents the issue of whether Criminal Term can enhance a sentence, when a defendant breaches a specific condition of a plea negotiation, by his re-arrest.

Between September 1990 and January 1991, Bronx County Grand Juries filed four separate indictments against defendant, and others, charging them with the commission of the felony crimes of burglary in the second degree...

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