Legal Opinion
People v. Davis
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 1988PublishedCited by 5 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered July 10, 1987, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith; no questions of fact have been raised or considered.
We find that under the circumstances of this case, the sentencing court erred when it summarily adjudicated the defendant to be a second felony…
2Cases cited5 opinions
- People v. Da FornoNew York Court of Appeals · 1981
- People v. Da FornoAppellate Division of the Supreme Court of the State of New York · 1980
- People v. OwensAppellate Division of the Supreme Court of the State of New York · 1977
- People v. FluddAppellate Division of the Supreme Court of the State of New York · 1988
- People v. RossAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by5 opinions
- People v. ChestnutAppellate Division of the Supreme Court of the State of New York · 1992
- People v. ElliotAppellate Division of the Supreme Court of the State of New York · 1994
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 1995
- People v. KatzAppellate Division of the Supreme Court of the State of New York · 1995
- People v. ConklinAppellate Division of the Supreme Court of the State of New York · 2017