People v. De Fayette
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered April 12, 2005, which resentenced defendant following his conviction of the crime of reckless endangerment in the first degree.
Defendant was convicted after a jury trial of reckless endangerment in the first degree and was sentenced as a second felony offender to 31/2 to 7 years in prison. On appeal, this Court ruled that defendant should not have been sentenced as a second felony offender because no second felony offender statement was filed by the People prior to sentencing (16 AD3d 708 [2005], lv denied 4…
2Cases cited5 opinions
- People v. De FayetteAppellate Division of the Supreme Court of the State of New York · 2005
- People v. TunstallAppellate Division of the Supreme Court of the State of New York · 1993
- People v. GrayAppellate Division of the Supreme Court of the State of New York · 2004
- People v. WadeAppellate Division of the Supreme Court of the State of New York · 2005
- People v. VreekenAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by7 opinions
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- People v. SpearAppellate Division of the Supreme Court of the State of New York · 2007
- People v. FerrerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MosleyAppellate Division of the Supreme Court of the State of New York · 2010
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