Legal Opinion
People v. Verbitsky
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 2011PublishedCited by 5 opinions
1Opinion of the Court
Memorandum:
Defendant appeals from a judgment convicting him, upon a plea of guilty, of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). We reject defendant’s contention that County Court erred in imposing an enhanced term of incarceration based on postplea acts committed by defendant. “[T]o satisfy due process, a sentencing court must, prior to imposing the prison alternative pursuant to a plea agreement, conduct an inquiry sufficient to conclude that a violation of the plea agreement occurred” (People v Valencia, 3 NY3d 714, 715 [2004]; see People v Outley, 80 NY2d…
2Cases cited6 opinions
- People v. OutleyNew York Court of Appeals · 1993
- People v. ValenciaNew York Court of Appeals · 2004
- People v. HolmquistAppellate Division of the Supreme Court of the State of New York · 2004
- People v. RogersAppellate Division of the Supreme Court of the State of New York · 2009
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2009
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. KirkAppellate Division of the Supreme Court of the State of New York · 2012
- ARCHIBALD, JONATHAN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017
- KIRK, SR., RICHARD, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
- LUDWIG, DANIEL A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- People v. KirkAppellate Division of the Supreme Court of the State of New York · 2012