Legal Opinion
People v. Declemente
Appellate Division of the Supreme Court of the State of New York
Decided February 19, 1985PublishedCited by 7 opinions
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Queens County (Brennan, J.), rendered April 30, 1984, convicting him of petit larceny, upon his plea of guilty, and sentencing him to six months’ imprisonment.
Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed and case remitted to Criminal Term for further proceedings in accordance herewith.
The record reveals that at sentencing defendant was not afforded an opportunity to withdraw his plea when it was apparent that the sentence promise would not be fulfilled. “ It is a basis [sic] principle of…
2Cases cited3 opinions
- People v. TorresNew York Court of Appeals · 1978
- People v. GrantAppellate Division of the Supreme Court of the State of New York · 1984
- People v. ClemonsAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by7 opinions
- People v. IfillAppellate Division of the Supreme Court of the State of New York · 1985
- People v. BurtonAppellate Division of the Supreme Court of the State of New York · 1987
- People v. FullerAppellate Division of the Supreme Court of the State of New York · 1987
- People v. AitkenAppellate Division of the Supreme Court of the State of New York · 1989
- People v. GanoeAppellate Division of the Supreme Court of the State of New York · 2006
2 more not listed; retrieve them via the Exa API.