People v. Barton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Crew III, J.
Appeal from an order of the County Court of Broome County (Smith, J.), entered May 25, 1993, which granted defendant’s motion pursuant to CPL 440.20 to set aside the sentences following his conviction of the crimes of robbery in the second degree and sexual abuse in the first degree, without a hearing.
Defendant moved to vacate his negotiated sentence on the ground that his prior out-of-State felony conviction did not qualify as a predicate felony under applicable New York law. County Court granted the motion and this appeal ensued. We reverse.
At the time of sentencing, defendant…
2Cases cited6 opinions
- People v. BaldiNew York Court of Appeals · 1981
- In re PadillaNew York Court of Appeals · 1986
- People v. ModicaNew York Court of Appeals · 1985
- People v. BanksAppellate Division of the Supreme Court of the State of New York · 1986
- People v. NichollsAppellate Division of the Supreme Court of the State of New York · 1990
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- People v. CruzAppellate Division of the Supreme Court of the State of New York · 1998
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