People v. Cesar
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.P.
In this matter, we are called upon to address an issue of first impression in New York appellate courts: whether an undocumented immigrant must be sentenced to a period of incarcera*225tion rather than to a term of probation because the continuing violation of federal immigration laws would constitute an automatic violation of the standard conditions of probation. We hold that while a defendant’s undocumented immigration status may be considered by sentencing courts as one factor in determining whether an appropriate sentence should include incarceration,…
2Cases cited38 opinions
- Plyler v. DoeSupreme Court of the United States · 1982
- People v. SandovalNew York Court of Appeals · 1974
- People v. SeabergNew York Court of Appeals · 1989
- People v. CallahanNew York Court of Appeals · 1992
- Arizona v. United StatesSupreme Court of the United States · 2012
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3Cited by13 opinions
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- People ex rel. Wells v. DeMarcoAppellate Division of the Supreme Court of the State of New York · 2018
- People v. AndolinaAppellate Division of the Supreme Court of the State of New York · 2019
- People v. CreechAppellate Division of the Supreme Court of the State of New York · 2018
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