People v. Wiggins

Appellate Division of the Supreme Court of New York

People v. Wiggins

17 A.D.3d 196, 792 N.Y.S.2d 328, 2005 N.Y. App. Div. LEXIS 3949

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

DecidedApril 14, 2005

StatusPublished

This text of 17 A.D.3d 196 (People v. Wiggins) 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. Wiggins, 17 A.D.3d 196, 792 N.Y.S.2d 328, 2005 N.Y. App. Div. LEXIS 3949 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, New York County (Herbert I. Altman, J.), rendered March 26, 2002, as amended on or about March 24, 2004, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 10 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding the matter to Supreme Court for resentencing, and otherwise affirmed.

As the People concede, after granting defendant’s CPL 440.20 motion to set aside sentence, the court should not have resentenced defendant without conducting a new sentencing proceeding at which defendant and his counsel would be present and have the opportunity to be heard (People v Green, 54 NY2d 878 [1981]).

In view of the remand for resentencing, it is unnecessary to determine whether defendant’s sentence is excessive. Concur— Mazzarelli, J.P., Andrias, Friedman, Sweeny and Catterson, JJ.

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Judgment, Supreme Court, New York County (Herbert I. Altman, J.), rendered March 26, 2002, as amended on or about March 24, 2004, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 10 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding the matter to Supreme Court for resentencing, and otherwise affirmed.

As the People concede, after granting defendant’s CPL 440.20 motion to set aside sentence, the court should not have resentenced defendant without conducting a new sentencing proceeding at which defendant and his counsel would be present and have the opportunity to be heard (People v Green, 54 NY2d 878 [1981]).

In view of the remand for resentencing, it is unnecessary to determine whether defendant’s sentence is excessive. Concur— Mazzarelli, J.P., Andrias, Friedman, Sweeny and Catterson, JJ.

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Bluebook (online)

17 A.D.3d 196, 792 N.Y.S.2d 328, 2005 N.Y. App. Div. LEXIS 3949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wiggins-nyappdiv-2005.

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