Legal Opinion
People v. Belliard
New York Court of Appeals
Decided February 12, 2013PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
Penal Law § 70.25 (2-a) requires that a prison term imposed upon a second felony offender run consecutively to a previously imposed undischarged sentence. We hold that the consecutive nature of the new sentence is a collateral rather than direct consequence of a conviction in determining the adequacy of a plea allocution.
Following a buy and bust operation in 2006, defendant Rafael Belliard was arrested for possessing cocaine and a loaded firearm. He was subsequently charged with criminal possession of a controlled substance in the first and third degrees and…
2Cases cited9 opinions
- People v. FordNew York Court of Appeals · 1995
- People v. CatuNew York Court of Appeals · 2005
- Sean Earley v. Timothy MurrayCourt of Appeals for the Second Circuit · 2006
- Garner v. CORRECTIONAL SERVS.New York Court of Appeals · 2008
- People ex rel. Gill v. GreeneNew York Court of Appeals · 2009
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3Cited by20 opinions
- People v. PequeNew York Court of Appeals · 2013
- People v. BoyerNew York Court of Appeals · 2013
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. LauryAppellate Division of the Supreme Court of the State of New York · 2017
- People v. GayleAppellate Division of the Supreme Court of the State of New York · 2023
15 more not listed; retrieve them via the Exa API.