Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Appellate Term, First Department:April 11, 2019

Appellate Term, First Department:April 11, 2019

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

By: Shulman, P.J., Ling-Cohan, Edmead, JJ.18-308. THE PEOPLE OF THE STATE OF NEW YORK, res, v. JAMES CARTER, def-app — Appeal from judgment of conviction (Stephen Antignani, J.), rendered June 14, 2017, held in abeyance, and the matter remanded for further proceedings and to expand the record to determine whether defendant was the individual who pleaded guilty to the underlying jostling offense in 1987.Following a 1987 guilty plea to jostling and a failure to appear for sentencing, a bench warrant was issued for the named defendant more than two decades ago. The defendant now before us was brought into court in 2015 and 2017 on the warrant, but claimed that he is not the individual of the same name who was arrested and pleaded guilty to the underlying jostling offense. He argues, and the People now concede, that further proceedings are necessary to resolve the issue. We therefore remand, as indicated.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.April 11, 2019

By: Shulman, P.J., Ling-Cohan, Edmead, JJ.18-068. THE PEOPLE OF THE STATE OF NEW YORK, res, v. JOHANN GOMEZ, def-app — Judgment of conviction (Linda Poust Lopez, J.), rendered June 14, 2017, affirmed.We are unpersuaded that the probationary sentence imposed was unduly harsh or severe, and find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v. Fair, 33 AD3d 558 [2006], lv denied 8 NY3d 945 [2007]). Further, defendant was sentenced in accordance with his bargained-for plea and should not now “be heard to complain that he received what he bargained for” (id. at 558, quoting People v. Chambers, 123 AD2d 270, 270 [1986]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.April 11, 2019

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
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Go to Events Go to Webcasts
Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›
FINANCE & REAL ESTATE ASSOCIATES - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...


Apply Now ›
ASSOCIATE: Commercial Litigation

Epstein Becker & Green is seeking an associate to joins its Commercial Litigation practice in our Columbus or Cincinnati offices. Ca...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
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 ›
Go to Professional Announcements