People v. Isidore

Appellate Division of the Supreme Court of New York

People v. Isidore

2017 NY Slip Op 4666, 151 A.D.3d 1715, 53 N.Y.S.3d 586

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

DecidedJune 9, 2017

Docket705 KA 15-01677

StatusPublished

This text of 2017 NY Slip Op 4666 (People v. Isidore) 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. Isidore, 2017 NY Slip Op 4666, 151 A.D.3d 1715, 53 N.Y.S.3d 586 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered July 29, 2015. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]). Defendant contends that Supreme Court erred in imposing an enhanced sentence because the evidence adduced by the People at the hearing conducted pursuant to People v Outley (80 NY2d 702 [1993]) did not suffice to demonstrate defendant’s violation of the plea conditions. We reject that contention. The court made a sufficient inquiry in order to ascertain *1716 “the existence of a legitimate basis” for the charges of postplea criminal conduct on the part of defendant (Outley, 80 NY2d at 713; see People v Fumia, 104 AD3d 1281, 1281 [2013], lv denied 21 NY3d 1004 [2013]; People v Ayen, 55 AD3d 1305, 1306 [2008]). We have considered defendant’s challenge to the severity of the enhanced sentence and conclude that it is without merit.

Present — Smith, J.P., Lindley, DeJoseph, NeMoyer and Curran, JJ.

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Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered July 29, 2015. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]). Defendant contends that Supreme Court erred in imposing an enhanced sentence because the evidence adduced by the People at the hearing conducted pursuant to People v Outley (80 NY2d 702 [1993]) did not suffice to demonstrate defendant’s violation of the plea conditions. We reject that contention. The court made a sufficient inquiry in order to ascertain *1716 “the existence of a legitimate basis” for the charges of postplea criminal conduct on the part of defendant (Outley, 80 NY2d at 713; see People v Fumia, 104 AD3d 1281, 1281 [2013], lv denied 21 NY3d 1004 [2013]; People v Ayen, 55 AD3d 1305, 1306 [2008]). We have considered defendant’s challenge to the severity of the enhanced sentence and conclude that it is without merit.

Present — Smith, J.P., Lindley, DeJoseph, NeMoyer and Curran, JJ.

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Bluebook (online)

2017 NY Slip Op 4666, 151 A.D.3d 1715, 53 N.Y.S.3d 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-isidore-nyappdiv-2017.

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