Legal Opinion

People v. Janick

New York Supreme Court

Decided September 11, 2000PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Kenneth R. Fisher, J.

Defendant moves to set aside his sentence under CPL 440.20 on the ground that an enhanced sentence was given to him in violation of his plea agreement.

Procedural Background

Charged by indictment with grand larceny in the third degree (three counts), and grand larceny in the fourth degree (four counts), defendant pleaded guilty, with counsel present, to the entire indictment, by way of a written plea agreement. Defendant was promised a sentence of two to four years’ imprisonment. The court’s promised sentence was conditioned upon certain requirements,…

2Cases cited25 opinions

  1. United States v. WattsSupreme Court of the United States · 1997
  2. United States v. One Assortment of 89 FirearmsSupreme Court of the United States · 1984
  3. People v. OutleyNew York Court of Appeals · 1993
  4. Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
  5. People v. ScottNew York Court of Appeals · 1992

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3Cited by7 opinions

  1. People v. BlackAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. EllisonNew York Supreme Court · 2004
  3. Janick v. Superintendent, Franklin Correctional FacilityDistrict Court, W.D. New York · 2005
  4. People v. TerryAppellate Division of the Supreme Court of the State of New York · 2007
  5. Janick v. Superintendent of Franklin Correctional FacilityCourt of Appeals for the Second Circuit · 2007

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