Legal Opinion

People v. Minaya

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

Decided January 15, 1981PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Birns, J.

The issue before us can be stated simply: in the circumstances of the plea and sentence was it permissible for the court, after defendant had begun his sentence, to increase the term of an indeterminate sentence providing for a maximum of three years to an indeterminate sentence providing for a maximum term of eight years? The answer is no.

*359Defendant pleaded guilty to the crime of attempted robbery in the first degree upon the understanding that the prison term to be imposed would be an indeterminate term with a maximum of eight years. At the time of sentence on…

2Cases cited6 opinions

  1. Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
  2. People Ex Rel. Hirschberg v. Orange County CourtNew York Court of Appeals · 1936
  3. People v. YannicelliNew York Court of Appeals · 1976
  4. People v. CavelliNew York Court of Appeals · 1980
  5. People ex rel. Sedotto v. JacksonNew York Court of Appeals · 1954

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3Cited by6 opinions

  1. People v. MinayaNew York Court of Appeals · 1981
  2. People v. FournierAppellate Division of the Supreme Court of the State of New York · 1981
  3. People v. WrightAppellate Division of the Supreme Court of the State of New York · 1981
  4. People v. BarakaCriminal Court of the City of New York · 1981
  5. People v. MinayaAppellate Division of the Supreme Court of the State of New York · 1981

1 more not listed; retrieve them via the Exa API.

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