Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

THE PEOPLE, res, v. RASHID GODDARD, def-app

15-433. THE PEOPLE, res, v. RASHID GODDARD, def-app — Judgment of conviction (Ann E. Scherzer, J.), rendered March 4, 2015, affirmed.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

15-433. THE PEOPLE, res, v. RASHID GODDARD, def-app — Judgment of conviction (Ann E. Scherzer, J.), rendered March 4, 2015, affirmed.

Defendant’s claim that the trial court improperly abdicated its discretionary sentencing power by not permitting him to replead to disorderly conduct is not preserved, as it was not raised by either defendant or his counsel before the sentencing court (see People v. Bethea, 152 AD3d 454 [2017]; People v. Hernandez, 149 AD3d 503 [2017], lv denied 29 NY3d 1080 [2017], citing People v. Pollard, 132 AD3d 554 [2015], lv denied 26 NY3d 1111 [2016]), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. Defendant violated the plea agreement and thus forfeited the opportunity to have his misdemeanor weapons possession conviction replaced by a conviction for disorderly conduct, a violation (see People v. Reynolds, 117 AD3d 478 [2014], affd 27 NY3d 1099 [2016]; People v. Tague, 144 AD3d 576 [2016], lv denied 29 NY3d 953 [2017]; People v. Jannestil, 105 AD3d 560 [2013], lv denied 22 NY3d 1041 [2013]; see also People v. Pollard, 132 AD3d at 555). The Court did not abdicate its discretionary sentencing power and, indeed, manifestly exercised its discretion by reducing the agreedupon sentence of four days of community service to time served.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
General Counsel Conference Midwest: SuperConference 2024
April 16, 2024 - April 17, 2024
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
GlobeSt Net Lease Spring 2024
April 16, 2024 - April 17, 2024
New York, NY

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Premises Liability Litigation Attorney Needed (3-6 yr.)

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›
Staff Attorney (Workers' Compensation)

At NJM, a top-rated insurance company, we are seeking an Attorney on our Workers Compensation legal team with between 3 and 5 years of expe...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements