Legal Opinion
People v. Walker
New York Court of Appeals
Decided October 12, 1993PublishedCited by 100 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Should defendant be sentenced as a second felony offender when the first crime — which was a felony at the time of his first sentencing — has been reclassified as a misdemeanor by the time of his second felony offender sentencing? The Appellate Division answered this question in the affirmative, as do we.
In February 1984, in Monroe County, defendant was sentenced following a conviction for grand larceny, third degree, a class E felony, then defined as a theft of property valued in excess of $250 (Penal Law former § 155.30 [1]). The conviction was based on…
2Cases cited7 opinions
- People v. OliverNew York Court of Appeals · 1956
- People v. MorseNew York Court of Appeals · 1984
- Maresca v. CuomoNew York Court of Appeals · 1984
- People v. BehlogNew York Court of Appeals · 1989
- Am Knitwear v. Exp.-Imp.New York Court of Appeals · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- People v. MendozaNew York Court of Appeals · 1993
- People v. UtseyNew York Court of Appeals · 2006
- State v. WadeLouisiana Court of Appeal · 2002
- Winston v. Freshwater Wetlands Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1996
- State v. ReisHawaii Supreme Court · 2007
95 more not listed; retrieve them via the Exa API.