Legal Opinion

People v. Delpesce

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 2009PublishedCited by 4 opinions

1Opinion of the Court

Since “the defendant admitted to the violation^] of probation with a full understanding that he would receive the term of imprisonment actually imposed at the time of resentencing, . . . he has no basis now to complain that his re-sentence was excessive” (People v Grzywaczewski, 61 AD3d 699, 700 [2009]; see People v Trias, 50 AD3d 828, 828-829 [2008]). In any event, the resentence was not excessive (see People v Hobson, 43 AD3d 1179, 1180 [2007]; People v Costanza, 36 AD3d 829, 830 [2007]; People v Arogundy, 112 AD2d 1003, 1004 [1985]; People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P.,…

2Cases cited6 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. HobsonAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. CostanzaAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. GrzywaczewskiAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. TriasAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by4 opinions

  1. People v. DeckerAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. BoghdadiAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. CentofantiAppellate Division of the Supreme Court of the State of New York · 2010

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