Top citers, strongest first. 2 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
People v. Ayotunji A.
The statutory requirements may be satisfied either by conducting a revocation hearing pursuant to CPL 410.70 (3) . . . , or through an admission by the defendant of the violation, coupled with a proper waiver of [his or her] right to a hearing" ( People v Montenegro , 153 AD3d 553, 554 [2d Dept 2017]).
discussed
Cited as authority (rule)
People v. McMillan
A defendant is entitled to a summary revocation hearing if he or she contests a violation of probation ( see CPL 401.70 [1]; People v Williams , 164 AD3d 845 , 845 [2018]; People v Finch , 160 AD3d 1212 , 1213 [2018]; People v Montenegro , 153 AD3d 553, 554 [2017]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Jamal McIlwain, Appellant
v.
Jamal McIlwain, Appellant
2015-08782.
Appellate Division of the Supreme Court of the State of New York.
Aug 2, 2017.
Eng, Hall, Austin, Duffy, Connolly.
Published
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed September 2, 2014, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant’s purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Brown, 122 AD3d 133 [2014]), and thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
Eng, P.J., Hall, Austin, Duffy and Connolly, JJ., concur.