Legal Opinion

People v. Joseph

New York Supreme Court

Decided September 22, 2004PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Joseph E. Gubbay, J.

*518Defendant entered into a conditional plea of guilty whereby he agreed to comply with a period of residential drug treatment. If the defendant complied with treatment, the defendant would receive a sentence of probation. In the alternative, if he failed, he would be sentenced to six years in state prison. Defendant was discharged from residential treatment for allegedly assaulting a coresident in connection with a gang-related initiation rite. This case requires the court to consider the level of due process the defendant is entitled to in determining…

2Cases cited9 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Townsend v. BurkeSupreme Court of the United States · 1948
  4. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  5. People v. OutleyNew York Court of Appeals · 1993

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3Cited by2 opinions

  1. Robert Joel Mollica II v. State of AlaskaCourt of Appeals of Alaska · 2021
  2. People v. KimmelJamestown City Court · 2009

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