Legal Opinion

People v. Ellis

Appellate Division of the Supreme Court of the State of New York

Decided December 24, 2014No. 2013-02882PublishedCited by 7 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered December 13, 2012, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the County Court erred in denying his request for a “violent felony override” at his sentencing hearing pursuant to 7 NYCRR 1900.4 (c) (1) (iii). Contrary to the defendant’s contention, no regulation or statute provides for such a document (see People v Lynch, 121 AD3d 717, 718 [2014]; People v Nelson, 121…

2Cases cited2 opinions

  1. People v. LynchAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. NelsonAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by7 opinions

  1. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. WhittyAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. MolinaroAppellate Division of the Supreme Court of the State of New York · 2016
  4. BURNICE, ALBERT, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. BurniceAppellate Division of the Supreme Court of the State of New York · 2015

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