Legal Opinion

People v. Anderson

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

Decided October 5, 2012Published

1Opinion of the Court

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of sexual abuse in the first degree (Penal Law § 130.65 [1]). Defendant failed to preserve for our review his contention that County Court failed to conduct a sufficient inquiry pursuant to People v Outley (80 NY2d 702 [1993]) into his violation of the conditions of the plea agreement before imposing an enhanced sentence (see generally People v Vaillant, 77 AD3d 1389, 1389-1390 [2010]; People v Dietz, 66 AD3d 1400, 1400 [2009], lv denied 13 NY3d 906 [2009]). Further, inasmuch as defendant conceded that he had…

2Cases cited6 opinions

  1. People v. FordNew York Court of Appeals · 1995
  2. People v. OutleyNew York Court of Appeals · 1993
  3. People v. HawkinsAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. VaillantAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. DietzAppellate Division of the Supreme Court of the State of New York · 2009

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