Legal Opinion

People v. Boyer

New York Court of Appeals

Decided November 14, 2013PublishedCited by 38 opinions

1Opinion of the Court

OPINION OF THE COURT

Abdus-Salaam, J.

The primary issue before us is whether, for purposes of determining the sequentiality of a defendant’s current and prior convictions under New York’s sentence enhancement statutes, the controlling date of sentence for the defendant’s prior conviction is the original date of sentence for that conviction or the date of a later resentencing which rectifies the flawed imposition of postrelease supervision (PRS) in accordance with our decision in People v Sparber (10 NY3d 457 [2008]). We hold that, in this context, the date of sentence for a defendant’s prior…

2Cases cited9 opinions

  1. People v. LingleNew York Court of Appeals · 2011
  2. People v. SparberNew York Court of Appeals · 2008
  3. People v. MorseNew York Court of Appeals · 1984
  4. People v. AcevedoNew York Court of Appeals · 2011
  5. People v. BelliardNew York Court of Appeals · 2013

4 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. The People v. Freddie ThompsonNew York Court of Appeals · 2016
  2. People v. PerezAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. KilgoreAppellate Division of the Supreme Court of the State of New York · 2023
  4. People v. WoodAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. GathorAppellate Division of the Supreme Court of the State of New York · 2014

33 more not listed; retrieve them via the Exa API.

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