Legal Opinion
People v. Schrader
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 2005PublishedCited by 10 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered August 6, 2003, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for resentencing by a different judge.
The sentencing court’s remarks demonstrated that it improp*586erly considered crimes of which the defendant was acquitted as a…
2Cases cited3 opinions
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2000
- People v. InnisAppellate Division of the Supreme Court of the State of New York · 2001
- People v. ReederAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by10 opinions
- People v. GrantAppellate Division of the Supreme Court of the State of New York · 2012
- People v. RomeroAppellate Division of the Supreme Court of the State of New York · 2010
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
- People v. FlowersAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PacquetteAppellate Division of the Supreme Court of the State of New York · 2010
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