Legal Opinion

People v. Montoya

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

Decided March 14, 1988PublishedCited by 6 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered March 2, 1987, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and sentencing him to an indeterminate term of five years to life imprisonment.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing.

The defendant pleaded guilty to criminal possession of a controlled substance in the…

2Cases cited3 opinions

  1. People v. FarrarNew York Court of Appeals · 1981
  2. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1986
  3. People v. CabezaAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by6 opinions

  1. People v. TerryAppellate Division of the Supreme Court of the State of New York · 1989
  2. People v. GrayboschAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. TomlinsonAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. BarzgeAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. GabaiAppellate Division of the Supreme Court of the State of New York · 1989

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