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Legal Opinion

People v. Santiago

New York Court of Appeals

Decided October 15, 2013PublishedCited by 29 opinions

1Opinion of the Court

*902OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by vacating the second felony offender adjudication and remitting to County Court for resentencing and, as so modified, affirmed.

On May 23, 2008, defendant Carlos Santiago, Jr. was convicted by a jury of two counts of first-degree sexual abuse (Penal Law § 130.65 [1]) and one count of second-degree unlawful imprisonment (Penal Law § 135.05). At the sentencing hearing held on June 30, 2008, the People requested that defendant be sentenced as a second felony offender because of his felony conviction in…

2Cases cited3 opinions

  1. People v. NievesNew York Court of Appeals · 2004
  2. People v. SammsNew York Court of Appeals · 2000
  3. People v. GonzalezNew York Court of Appeals · 1984

3Cited by29 opinions

  1. The People v. Michael PenaNew York Court of Appeals · 2017
  2. People v. FishelAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. CesarAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. KingAppellate Division of the Supreme Court of the State of New York · 2017

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