Legal Opinion

People v. Knight

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

Decided March 25, 2011Published

1Opinion of the Court

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, burglary in the first degree (Penal Law § 140.30 [2]) and robbery in the first degree (§ 160.15 [3]). As the People correctly concede, County Court erred in orally modifying the order of protection issued at the time of sentencing. We therefore modify the judgment by striking those oral modifications. The written order of protection remains in effect. We decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender (see People v Martinez, 55 AD3d 1334…

2Cases cited2 opinions

  1. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. BosseAppellate Division of the Supreme Court of the State of New York · 2005

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