People v. Hamilton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Erie County Court for further proceedings in accordance with the following memorandum: On appeal from a judgment convict*1164ing him upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]), defendant contends that County Court erred in sentencing him as a persistent violent felony offender. We note at the outset…
2Cases cited6 opinions
- People v. FarrarNew York Court of Appeals · 1981
- People v. MunizNew York Court of Appeals · 1989
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2002
- People v. TerryAppellate Division of the Supreme Court of the State of New York · 1989
- People v. GinesAppellate Division of the Supreme Court of the State of New York · 2001
1 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2013
- W., AMIR, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BoxAppellate Division of the Supreme Court of the State of New York · 2012
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. FrysingerAppellate Division of the Supreme Court of the State of New York · 2013
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