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PEOPLE v. KEMP

94 N.Y.2d 831 (1999)

724 N.E.2d 754

703 N.Y.S.2d 59

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN KEMP, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 1999.

Attorney(s) appearing for the Case

Paul Wiener, New York City, and M. Sue Wycoff for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Mathew Kleiner and Tami J. Aisenson of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The day after denial of his motion to suppress physical evidence, defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree (Penal Law §§ 110.00, 220.39 [1]). As a condition to the People's agreement to the plea and the court's acceptance of it, and in exchange for a promised sentence of four to eight years imprisonment...

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