People v. Rickards

New York County Courts

People v. Rickards

82 Misc. 2d 472, 370 N.Y.S.2d 455, 1975 N.Y. Misc. LEXIS 2707

DecidedJuly 1, 1975

StatusPublished

This text of 82 Misc. 2d 472 (People v. Rickards) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Rickards, 82 Misc. 2d 472, 370 N.Y.S.2d 455, 1975 N.Y. Misc. LEXIS 2707 (N.Y. Super. Ct. 1975).

Pincite

Opinion

John S. Lockman, J.

Defendant, through his attorney, moves for resentencing pursuant to CPL 430.10, because, he claims he is about to be deported due to his conviction, on a guilty plea, of attempted assault, first degree, a crime involving moral turpitude and a one-year sentence occurring within five years of admission to the United States.

Although the plea minutes support the defendant’s contention that neither the court, District Attorney, nor defendant anticipated deportation as a consequence of the guilty plea, there is no authority for resentencing.

Section 430.10 provides: “Except as otherwise specifically authorized by law, when the court has imposed a sentence of imprisonment and such sentence is in accordance with law, such sentence may not be changed, suspended or interrupted once the term or period of the sentence has commenced.”

Accordingly, the motion must be denied without prejudice to a motion to withdraw the guilty plea.

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John S. Lockman, J.

Defendant, through his attorney, moves for resentencing pursuant to CPL 430.10, because, he claims he is about to be deported due to his conviction, on a guilty plea, of attempted assault, first degree, a crime involving moral turpitude and a one-year sentence occurring within five years of admission to the United States.

Although the plea minutes support the defendant’s contention that neither the court, District Attorney, nor defendant anticipated deportation as a consequence of the guilty plea, there is no authority for resentencing.

Section 430.10 provides: “Except as otherwise specifically authorized by law, when the court has imposed a sentence of imprisonment and such sentence is in accordance with law, such sentence may not be changed, suspended or interrupted once the term or period of the sentence has commenced.”

Accordingly, the motion must be denied without prejudice to a motion to withdraw the guilty plea.

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Bluebook (online)

82 Misc. 2d 472, 370 N.Y.S.2d 455, 1975 N.Y. Misc. LEXIS 2707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rickards-nycountyct-1975.