People v. Redwood, 41 A.D.3d 275 (N.Y. App. Div. 1st Dep't 2007). · Go Syfert
People v. Redwood, 41 A.D.3d 275 (N.Y. App. Div. 1st Dep't 2007). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Cited for
At page 276 We note, in passing, that given the level of violence in the commission of the crime involved, as well as in another crime that same evening, defendant was…2 citing casesopening of page *276 (no citing court says what it cites this page for)
  • People v. Mateo, 236 A.D.3d 606 (N.Y. App. Div. 1st Dep't 2025).published 2 cites
    The court providently exercised its discretion in denying youthful offender treatment ( see generally People v Drayton , 39 NY2d 580 [1976]), given the seriousness of the underlying crime, in which defendant acted in concert with others to…
  • People v. Foster, 234 A.D.3d 450 (N.Y. App. Div. 1st Dep't 2025).published
    The court providently exercised its discretion in denying defendant youthful offender treatment, in view of "the violent nature of the crime" ( People v Redwood , 41 AD3d 275, 276 [1st Dept 2007], lv denied 9 NY3d 880 [2007]) and other agg…
At page 275 Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered November 12, 2004, convicting defendant, upon his plea of guilty, of attempted robbery…1 citing caseopening of page *275 (no citing court says what it cites this page for)
  • People v. Hook, 138 A.D.3d 411 (N.Y. App. Div. 1st Dep't 2016).published
    People v Redwood, 41 AD3d 275, 275 [1st Dept 2007], lv denied 9 NY3d 880 [2007]), and in any event defendant was not entitled to a minitrial on the issue of whether the evidence disproved justification (see Outley, 80 NY2d at 712-713 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Kmansi Redwood
Appellate Division of the Supreme Court of the State of New York.
Jun 21, 2007.
Published opinion
41 A.D.3d 275
Cited by 8 opinions  |  Published

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered November 12, 2004, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of three years, unanimously affirmed.

The sentencing court conducted an inquiry sufficient to conclude that defendant had violated his plea agreement by failing to complete drug treatment (see People v Outley, 80 NY2d 702 [1993]), and it properly exercised its discretion in denying defendant’s request for a hearing. Under the circumstances of the case, due process did not require an evidentiary hearing to resolve disputed factual issues (see People v Valencia, 3 NY3d 714 [2004]; compare Torres v Berbary, 340 F3d 63 [2d Cir 2003]). The court based its ruling on reliable reports from the drug treatment facility about defendant’s poor performance. In particular, the report cited defendant’s admission that he had committed serious misconduct. Before the sentencing court, defendant acknowledged having made this admission at the facility, but repudiated it. Defendant’s explanation for making the admission was implausible, and the court properly rejected it without conducting an evidentiary hearing.

[*276] We note, in passing, that given the level of violence in the commission of the crime involved, as well as in another crime that same evening, defendant was not, in our view, a suitable candidate for an alternative-to-imprisonment disposition, such as residential drug treatment. That it failed comes as no surprise.

The court properly exercised its discretion in denying defendant youthful offender treatment, given the violent nature of the crime. Concur—Sullivan, J.P., Nardelli, Williams, Gonzalez and Catterson, JJ.