People ex rel. Seaman v. Warden
| Decision Date | 20 July 1976 |
| Citation | 385 N.Y.S.2d 568,53 A.D.2d 848 |
| Parties | The PEOPLE of the State of New York ex rel. William SEAMAN, Relator-Respondent, v. WARDEN, etc., Appellant. The PEOPLE of the State of New York ex rel. Ronnie OUTLAW a/k/a Rivers, Relator-Appellant, v. WARDEN, etc., Respondent. |
| Court | New York Supreme Court — Appellate Division |
J. A. Kaplan, New York City, for relator-respondent and relator-appellant.
M. M. Baker, New York City, for Warden.
Before STEVENS, P.J., and KUPFERMAN, BIRNS, SILVERMAN and NUNEZ, JJ.
Order, Supreme Court, Bronx County, entered May 5, 1976, unanimously reversed, on the law, and the writ of habeas corpus dismissed, without costs and without disbursements.
Orders, Supreme Court, Bronx County, entered March 25, 1976 and May 13, 1976, unanimously reversed, on the law, and the writ of habeas corpus dismissed, without costs and without disbursements.
Relator William Seaman pled guilty to criminal trespass in the second degree in satisfaction of all charges in the indictment upon the condition that a one year sentence be imposed. He had been charged with robbery in the first degree, burglary in the third degree, criminal mischief in the fourth degree, and criminal possession of a dangerous weapon in the fourth degree. Relator asked to be sentenced immediately. He knowingly waived his right to a probation report and to an appeal of the sentence. The report prepared to release defendants an their own recognizance (ROR Report) and the sheet showing all previous arrests of defendant and the dispositions therein (NYSIIS) were substituted for the probation report.
Relator Ronnie Outlaw pled guilty to criminal trespass in the first degree and criminal mischief in the third degree upon the condition that a one year sentence be imposed. He had been charged with burglary in the second degree and criminal mischief in the third degree. At relator's request, and over the objections of the District Attorney, the ROR report and NYSIIS sheet were substituted for a probation report.
Each relator has brought a writ of habeas corpus claiming, under CPL § 390.20(2)(c), the sentence was improper. CPL § 390.20(2) provides: 'Where a person is convicted of a misdemeanor, a pre-sentence report is not required, but the court may not pronounce any of the following sentences unless it has ordered a pre-sentence investigation of the defendant and has received a written report thereof: . . . (c) A sentence of imprisonment for...
To continue reading
Request your trial
-
People v. Jackson
...a bargained sentence and express waiver (People v. Dowdell, 72 A.D.2d 622, 420 N.Y.S.2d 780; People ex rel. Seaman v. Warden, N.Y. City Correctional Inst. for Men, 53 A.D.2d 848, 385 N.Y.S.2d 568), a court imposing a sentence of imprisonment upon finding that the defendant violated the term......
-
People v. Kryminski
...106 A.D.2d 93, 98, 483 N.Y.S.2d 725; People v. Dowdell, 72 A.D.2d 622, 420 N.Y.S.2d 780; People ex rel. Seaman v. Warden, N.Y. City Correctional Inst. for Men, 53 A.D.2d 848, 385 N.Y.S.2d 568; cf., People v. Andujar, 110 A.D.2d 606, 488 N.Y.S.2d In any event, we are of the opinion that the ......
-
People v. Villegas
...488 N.Y.S.2d 653, supra; compare, People v. Dowdell, 72 A.D.2d 622, 420 N.Y.S.2d 780 [3rd Dept.]; but see, People ex rel. Seaman v. Warden, 53 A.D.2d 848, 385 N.Y.S.2d 568 [1st Dept.], presentence report can be waived when defendant convicted of only a misdemeanor). We are no less reluctant......
-
People v. Simpson
...an express waiver as part of a negotiated plea bargain (see, People v. Dowdell, 72 A.D.2d 622, 420 N.Y.S.2d 780; People ex rel. Seaman v. Warden, 53 A.D.2d 848, 385 N.Y.S.2d 568), a court which is about to impose a new sentence based upon the defendant's violation of probation imposed under......