Legal Opinion
People v. Austin
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 2000PublishedCited by 7 opinions
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for further proceedings in accordance with the following Memorandum: Defendant pleaded guilty to assault in the second degree (Penal Law § 120.05 [2]) with the understanding that he would be sentenced as a second felony offender to a determinate term of incarceration of three years. At sentencing, County Court imposed the agreed-upon sentence but further ordered defendant to pay restitution in the amount of $1,664.52. We agree with defendant that the court erred in enhancing the…
2Cases cited4 opinions
- People v. ConsalvoNew York Court of Appeals · 1996
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1999
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1994
- People v. McCloskeyAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by7 opinions
- People v. GossAppellate Division of the Supreme Court of the State of New York · 2001
- People v. GilmoreAppellate Division of the Supreme Court of the State of New York · 2004
- People v. DelairAppellate Division of the Supreme Court of the State of New York · 2004
- People v. HendrixAppellate Division of the Supreme Court of the State of New York · 2003
- People v. TherrienAppellate Division of the Supreme Court of the State of New York · 2004
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