Legal Opinion
People v. DePerno
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 2012PublishedCited by 6 opinions
1Opinion of the CourtMcCarthy, J.
Defendant contends, and the People concede, that the sentences imposed were illegal. A defendant must be sentenced according to the law as it existed at the time that he or she committed the offense (see People v Sawinski, 246 AD2d 689, 692 [1998], lv denied 91 NY2d 930 [1998]). In 2007, the Legislature categorized rape in the second degree and criminal sexual act in the second degree as violent felony offenses and enacted the felony sex offender statute (see L 2007, ch 7, §§ 30, 32). Because defendant committed the crimes at issue here in 2006 — prior to the Legislature’s amendments to the…
2Cases cited4 opinions
- People v. CameronNew York Court of Appeals · 1994
- People v. SapienzaAppellate Division of the Supreme Court of the State of New York · 2010
- People v. RyanAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SawinskiAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- People v. DePernoAppellate Division of the Supreme Court of the State of New York · 2017
- People v. HulstrunkAppellate Division of the Supreme Court of the State of New York · 2017
- People v. CoonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. DePernoAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DePernoAppellate Division of the Supreme Court of the State of New York · 2013
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