People v. Robinson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant was properly adjudicated a second violent felony offender, as he failed to meet his burden of establishing that his prior violent felony conviction was unconstitutionally obtained (see generally People v Harris, 61 NY2d 9; CPL 400.15 [7] [b]). Contrary to the defendant’s contention, the transcripts of the prior plea allocution and sentence indicate that the promise of youthful offender treatment was conditioned on his participation in a rehabilitation program and avoiding rearrest. Accordingly, upon his failure to comply with these conditions, the court had the authority to…
2Cases cited7 opinions
- People v. HarrisNew York Court of Appeals · 1983
- People v. FigginsNew York Court of Appeals · 1995
- People v. McGrathNew York Court of Appeals · 1977
- People v. HannonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by3 opinions
- People v. SkyeAppellate Division of the Supreme Court of the State of New York · 2002
- People v. ChestnutAppellate Division of the Supreme Court of the State of New York · 2005
- People v. PadillaAppellate Division of the Supreme Court of the State of New York · 2008