PEOPLE v. TELLIER

2009-04446

76 A.D.3d 684 (2010)

905 N.Y.S.2d 915

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY TELLIER, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 24, 2010.


Ordered that the judgment is affirmed.

The defendant was not entitled to specific performance of a plea agreement wherein the negotiated sentence was illegal. If an "unlawful sentence is the product of a negotiated plea agreement, and the sentencing court is unable to fulfill its sentence promise due to the illegality of that sentence, the appropriate remedy is to give the defendant the opportunity to either accept an amended lawful sentence or withdraw his plea of...

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