Legal Opinion
People v. Zowaski
Middletown City Court
Decided January 24, 2011Published
1Opinion of the Court
*243OPINION OF THE COURT
Steven W. Brockett, J.
This case presents the question of whether a sentencing court may consider evidence related to a charge of which the defendant was acquitted, where that evidence was not presented to the jury at trial. I considered such evidence in sentencing the defendant. This decision explains my reasoning.
Factual Background
On January 4, 2010, the defendant was arrested and charged with the felony of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [c]), the misdemeanor of resisting arrest (Penal Law § 205.30), and the traffic infractions of…
2Cases cited47 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Williams v. New YorkSupreme Court of the United States · 1949
- United States v. WattsSupreme Court of the United States · 1997
- United States v. One Assortment of 89 FirearmsSupreme Court of the United States · 1984
- People v. SelikoffNew York Court of Appeals · 1974
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