by James Eckert
Many statutes impose harsher penalties on a defendant who commits a crime
after he has been "convicted" of another crime. For example, a UUMV
conviction after a prior is more serious, the second DWI is a felony and so
on. Today, in People v Montilla, the Court of Appeals held that a
defendant is convicted, at least for some purposes, the day he pleads
guilty.
A judgment of conviction is based on the date sentence has been
imposed. However, in order to sustain a conviction under PL 265.02(1) - CPW3, instead of CPW4, the Court of Appeals ruled that "conviction" meant only that the defendant had pled guilty, not that there was a judgment of conviction.
Therefore, after the defendant pled guilty, but before he was sentenced, he
stood "convicted" of the crime he pled to and was therefore subject to
harsher penalties for possession of a weapon.
The Court did point out that recidivist statutes require the imposition of
sentence to constitute a prior conviction, so Montilla does not support a
felony DWI charge the day after the defendant pleads to, but is not
sentenced for, a DWI. However, expect that the statute will be applied to
any other use of the term "convicted" where it is not absolutely clear that
the statute is for recidivists.
Referrals to New York State attorneys. The Lawyer Referral and Information Service is a public service of the New York State Bar Association that provides ...
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Please see the article below for the improper political intervention of the Velella family with Family Court Judge David Klein: case of T...
-
The need to renew previously made requests has been in the news recently with lots of reminders that if you don't a request to be on the...
-
re-posted from Parentadvocates.org LINK The subtitle of the article on the July 29, 2012 New York Post: "Judges' pals cashing in...
-
Party Must Prevail on All Issues to Be Awarded Counsel Fee Pursuant to Agreement Provision In Matter of Bederman v Bederman, --- N.Y.S.2d --...
-
Be sure to read our # Funny # New # Blog "Law And Humor" filled with entertainment from the legal world! http:// lawandhumorny....
-
Judge Nelson Roman, Deputy Mayor Carol Robles-Roman, Is Approved For Seat in Southern District CourtSenate Committee Approves Roman for Southern District By Mike Paquette New York Law Journal March 4, 2013 LINK Cover Story: Hispanic Power ...
-
In 2007, the Court of Appeals reaffirmed the longstanding Appellate Division case law "that a carrier's failure to seek verificatio...
-
Matter of Koeppel 2011 NY Slip Op 51709(U) Judge Keistin Booth Glen Decided on January 19, 2011 Sur Ct, New York County Glen, J. Published b...
-
Юридический ликбез: в каких случаях имеет смысл создавать Отзывные Трасты Будучи адвокатом , специализирующимся на вопросах создания Трастов...
-
The story about Scott Bloch and his disdain for the public he was supposed to serve is not just judicial corruption, but public service gone...
Không có nhận xét nào:
Đăng nhận xét