Legal Opinion
People v. Fiammegta
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2008PublishedCited by 1 opinion
1Opinion of the Court
The court’s inquiry regarding the circumstances concerning the defendant’s discharge from a drug treatment program was sufficient to determine that the defendant violated the plea agreement (see People v Kitchens, 46 AD3d 577 [2007]; People v Covington, 28 AD3d 575 [2006]; People v Garner, 18 AD3d 669 [2005]; see also People v Valencia, 3 NY3d 714 [2004]; cf. Torres v Berbary, 340 F3d 63 [2003]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Fisher, J.R, Florio, Angiolillo and Garni, JJ., concur.
2Cases cited6 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. ValenciaNew York Court of Appeals · 2004
- Daniel Torres v. J. Berbary, SuperintendentCourt of Appeals for the Second Circuit · 2003
- People v. KitchensAppellate Division of the Supreme Court of the State of New York · 2007
- People v. GarnerAppellate Division of the Supreme Court of the State of New York · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. FiammegtaNew York Court of Appeals · 2010