People v. Blackwell

Appellate Division of the Supreme Court of New York

People v. Blackwell

303 A.D.2d 248, 755 N.Y.S.2d 835, 2003 N.Y. App. Div. LEXIS 2741

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

DecidedMarch 18, 2003

StatusPublished

This text of 303 A.D.2d 248 (People v. Blackwell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Blackwell, 303 A.D.2d 248, 755 N.Y.S.2d 835, 2003 N.Y. App. Div. LEXIS 2741 (N.Y. Ct. App. 2003).

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Opinion

Judgments, Supreme Court, New York County (Brenda Soloff, J.), rendered June 28, 2001, convicting defendant, upon his pleas of guilty, of violation of probation that had been imposed under two judgments of conviction (same court and Justice) rendered April 3, 2000, and resentencing him to concurrent terms of 2 to 6 years, unanimously affirmed.

Defendant expressly waived his right to a violation of probation hearing, and his admissions provided the factual basis for the revocation of his probation (CPL 410.70 [2]). The record establishes that defendant was resentenced on the basis of a suitably updated presentence report.

To the extent that the present record permits review, it clearly demonstrates that defendant received meaningful representation (see People v Benevento, 91 NY2d 708, 713-714 [1998]; People v Ford, 86 NY2d 397, 404 [1995]). Defense counsel provided the resentencing court with all of the available information that could be helpful to defendant. We note that defendant’s failure to comply with the terms of his probation was particularly flagrant and egregious. Concur — Mazzarelli, J.P., Andrias, Saxe, Ellerin and Williams, JJ.

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Judgments, Supreme Court, New York County (Brenda Soloff, J.), rendered June 28, 2001, convicting defendant, upon his pleas of guilty, of violation of probation that had been imposed under two judgments of conviction (same court and Justice) rendered April 3, 2000, and resentencing him to concurrent terms of 2 to 6 years, unanimously affirmed.

Defendant expressly waived his right to a violation of probation hearing, and his admissions provided the factual basis for the revocation of his probation (CPL 410.70 [2]). The record establishes that defendant was resentenced on the basis of a suitably updated presentence report.

To the extent that the present record permits review, it clearly demonstrates that defendant received meaningful representation (see People v Benevento, 91 NY2d 708, 713-714 [1998]; People v Ford, 86 NY2d 397, 404 [1995]). Defense counsel provided the resentencing court with all of the available information that could be helpful to defendant. We note that defendant’s failure to comply with the terms of his probation was particularly flagrant and egregious. Concur — Mazzarelli, J.P., Andrias, Saxe, Ellerin and Williams, JJ.

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Bluebook (online)

303 A.D.2d 248, 755 N.Y.S.2d 835, 2003 N.Y. App. Div. LEXIS 2741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blackwell-nyappdiv-2003.

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