Legal Opinion
People v. Redman
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1989PublishedCited by 18 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant contends that his due process rights were violated at sentencing when he was not afforded a reasonable opportunity to controvert materially false information concerning prior drug dealings. Defendant claims that the sentencing court improperly relied upon an ex parte communication from the brother of the informant in this case that defendant had sold LSD to him on a prior occasion.
The applicable standard of fairness at sentencing hearings is whether the defendant had an opportunity to refute the aggravating factors which might have…
2Cases cited3 opinions
- People v. PerryNew York Court of Appeals · 1975
- People v. WhalenAppellate Division of the Supreme Court of the State of New York · 1984
- People v. ContompasisAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by18 opinions
- People v. MayAppellate Division of the Supreme Court of the State of New York · 2000
- People v. GibbonsAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WalworthAppellate Division of the Supreme Court of the State of New York · 1990
- People v. WarrenAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BanksAppellate Division of the Supreme Court of the State of New York · 1990
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