Legal Opinion

People v. Fortner

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

Decided November 10, 2005PublishedCited by 24 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered June 6, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice and on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum:…

2Cases cited3 opinions

  1. People v. CookeAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. SpinaAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. HendricksAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by24 opinions

  1. People v. SpragueAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. FombyAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. VaillantAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. IgnatowskiAppellate Division of the Supreme Court of the State of New York · 2010
  5. SPENCER, IV, HENRY S., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015

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