Legal Opinion
People v. Bolivar
New York Supreme Court
Decided April 9, 1996PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Robert Charles Kohm, J.
The defendant is an illegal alien. She has pleaded guilty to a *459class D drug felony and was sentenced to a five-year term of probation. A condition of the sentence directs her to report to the immigration authorities to clarify her status as an alien.
The issue raised by this directive is whether the order is unreasonable and excessive, hence illegal. Unreasonable in that it contributes nothing to her rehabilitation; excessive in that it requires her to violate her rights against self-incrimination.
I
NATURE OF PROBATION
Probation is a sentence (Penal Law…
2Cases cited13 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- North Carolina v. AlfordSupreme Court of the United States · 1970
- People v. HarrisNew York Court of Appeals · 1983
- People v. FordNew York Court of Appeals · 1995
- Harisiades v. ShaughnessySupreme Court of the United States · 1951
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 2002