Legal Opinion

People v. Barahona

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 2008PublishedCited by 3 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered December 9, 2005, convicting him of attempted assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, the County Court’s review of the presentence report provided a sufficient basis for the court to depart from the original sentencing promise (see People v Schultz, 73 NY2d 757 [1988]; People v Wood, 207 AD2d 1001 [1994]; People v Richards, 158 AD2d 627 [1990]). Since the court placed its reasons for…

2Cases cited4 opinions

  1. People v. SchultzNew York Court of Appeals · 1988
  2. People v. WoodAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. RichardsAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by3 opinions

  1. People v. VaillantAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. BregelAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. CostaAppellate Division of the Supreme Court of the State of New York · 2017

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