Legal Opinion

People v. Kimmons

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

Decided April 20, 2007PublishedCited by 8 opinions

1Opinion of the Court

Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered July 13, 2004. The judgment convicted defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice and on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Niagara County Court for resentencing in accordance with the following memorandum: Defendant…

2Cases cited4 opinions

  1. People v. PellegrinoNew York Court of Appeals · 1983
  2. People v. TinsleyNew York Court of Appeals · 1974
  3. People v. BouyeaNew York Court of Appeals · 1985
  4. People v. SimpsonAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by8 opinions

  1. People v. McKoyAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. HaleAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. NelsonAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. WorthyAppellate Division of the Supreme Court of the State of New York · 2007

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