Legal Opinion

People v. Vasquez

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

Decided June 3, 2010PublishedCited by 6 opinions

1Opinion of the Court

Judgment of resentence, Supreme Court, New York County (Renee A. White, J.), rendered on or about May 12, 2009, revoking a prior sentence of probation and resentencing defendant to a term of 4 to 12 years, unanimously affirmed.

After denying defendant’s CPL 420.10 (5) application for resentencing, made on the ground of inability to pay restitution, *463the court properly revoked defendant’s probation and imposed a prison sentence based on his undisputed failure to comply with the restitution condition of his probation. Initially we note that a denial of a CPL 420.10 (5) resentencing application is…

2Cases cited5 opinions

  1. Bearden v. GeorgiaSupreme Court of the United States · 1983
  2. People v. KelloNew York Court of Appeals · 2001
  3. Antoinetta Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1999
  4. People v. HassmanAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. FrederickAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by6 opinions

  1. Liberty Mutual Insurance v. New York (In Re Citron)United States Bankruptcy Court, E.D. New York · 2010
  2. People v. MorseAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. AugelloAppellate Division of the Supreme Court of the State of New York · 2023
  4. People v. CollinsAppellate Division of the Supreme Court of the State of New York · 2024
  5. People v. PeaveyAppellate Division of the Supreme Court of the State of New York · 2011

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