Legal Opinion
People v. Cummings
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 1984PublishedCited by 9 opinions
1Opinion of the Court
—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on February 25, 1983, which sentenced the defendant, as a first felony offender, to concurrent terms of imprisonment of 4 years to life and 1 to 3 years, upon his pleas of guilty to the crimes of criminal sale of a controlled substance in the second and fifth degrees (Penal Law, §§ 220.41, 220.31), is unanimously reversed, on the law, the sentence is vacated and matter remanded for resentencing of defendant as a second felony offender.
The sentencing court misconstrued the burden of proof requirements of CPL 400.21 in…
2Cases cited4 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- People v. HarrisNew York Court of Appeals · 1983
- People v. NixonNew York Court of Appeals · 1967
- People v. FrancisNew York Court of Appeals · 1975
3Cited by9 opinions
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1991
- People v. LearyAppellate Division of the Supreme Court of the State of New York · 1988
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1986
- People v. PachecoAppellate Division of the Supreme Court of the State of New York · 1985
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 1990
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