Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

The People of the State of New York v. Darin O'rourke

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 3, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
DARIN O'ROURKE,
DEFENDANT-APPELLANT.

People v O'Rourke

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 3, 2012

Gonzalez, P.J., Andrias, DeGrasse, Richter, Abdus-Salaam, JJ.

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered July 1, 2010, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of three and one-half years, plus three years postrelease supervision, unanimously affirmed.

Regardless of whether defendant validly waived his right to appeal, his claim that the court should have imposed a lesser sentence is devoid of merit and we decline to reduce his sentence in the interest of justice. Under the terms of the DTAP agreement, defendant's inadequate compliance exposed him to an even longer sentence than the court actually imposed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 3, 2012

CLERK

20120103

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.