Legal Opinion
People v. Klinkowski
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 2001PublishedCited by 8 opinions
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for resentencing in accordance with the following Memorandum: Contrary to the contention of defendant, the evidence is legally sufficient to support the determination that he violated the conditions of his probation by contacting the victim in December 1998 and January 1999. The credibility of the victim was an issue for County Court to resolve (see, People v Mitchell, 201 AD2d 507, 508). The court erred, however, in sentencing defendant to *973prison without the benefit of an updated…
2Cases cited4 opinions
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1994
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1991
- People v. McMillanAppellate Division of the Supreme Court of the State of New York · 1996
- People v. PerryAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by8 opinions
- People v. CareyAppellate Division of the Supreme Court of the State of New York · 2011
- People v. RowellAppellate Division of the Supreme Court of the State of New York · 2004
- People v. OrlowskiAppellate Division of the Supreme Court of the State of New York · 2002
- People v. RalstonAppellate Division of the Supreme Court of the State of New York · 2003
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2017
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