Legal Opinion
People v. Marchese
New York Supreme Court
Decided January 25, 1994PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph Fisch, J.
Defendant was convicted after a jury trial, at which he testified, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree. In response to the defendant’s presentence memorandum requesting leniency in sentencing, the District Attorney’s office, citing United States v Dunnigan (507 US —, 113 S Ct 1111 [1993]), contends that the defendant should receive an "enhanced sentence”, i.e., a higher sentence than the court would otherwise impose based upon his alleged perjury at trial. The…
2Cases cited45 opinions
- Williams v. New YorkSupreme Court of the United States · 1949
- United States v. TuckerSupreme Court of the United States · 1972
- Holloway v. ArkansasSupreme Court of the United States · 1978
- Mistretta v. United StatesSupreme Court of the United States · 1989
- United States v. DunniganSupreme Court of the United States · 1993
40 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. DavilaAppellate Division of the Supreme Court of the State of New York · 1997
- People v. MalcolmNew York Supreme Court · 1994