People v. Mitchell
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | Before BRACKEN |
| Citation | 201 A.D.2d 507,607 N.Y.S.2d 417 |
| Decision Date | 07 February 1994 |
| Parties | The PEOPLE, etc., Respondent, v. Ronnie MITCHELL, a/k/a Ronald Quattlebaum, Appellant. |
Page 417
v.
Ronnie MITCHELL, a/k/a Ronald Quattlebaum, Appellant.
Second Department.
Steven N. Feinman, White Plains, for appellant.
Paul A. Crotty, Corp. Counsel, New York City (Larry A. Sonnenshein and Mordecai Newman, of counsel), for respondent.
Before BRACKEN, J.P., and SULLIVAN, KRAUSMAN and GOLDSTEIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from an amended judgment of the Supreme Court, Queens County (Joy, J.), rendered June 3, 1991, as amended March 25, 1992, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal sale of a controlled substance in the third degree.
ORDERED that the matter is remitted to the Supreme Court, Queens County, to hear and report whether the Department of Probation has in its possession any prior statements of the hearing witnesses regarding the events to which they testified at the hearing on the defendant's violation of probation, and the appeal is held in abeyance in the interim. The Supreme Court shall issue its report with all deliberate speed.
We find unpersuasive the contention of the Department of Probation that the defendant waived his right to pursue the instant appeal in a subsequent plea agreement on an unrelated indictment. Neither the oral waiver entered on the record in connection with that plea nor the written
Page 418
waiver form executed by the defendant indicated that the waiver of the right to appeal extended to the previous probation violation (cf., People v. Graham, 177 A.D.2d 505, 575 N.Y.S.2d 715).Similarly unavailing is the claim of the Department of Probation that the present appeal should be dismissed because the defendant has already challenged the probation violation as part of his excessive sentence appeal from another conviction. [201 A.D.2d 508] The record and the order of this court determining that excessive sentence appeal refute this assertion (see, People v. Quattlebaum, 196 A.D.2d 950, 603 N.Y.S.2d 254).
We reject the defendant's contention that the court's determination regarding his violation of probation is not supported by legally sufficient proof and is against the weight of the evidence. The testimony of the victim and an eyewitness and the introduction of...
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State v. Hill, No. 3795.
...167 Ga.App. 321, 306 S.E.2d 394 (1983); People v. DeWitt, 78 Ill.2d 82, 34 Ill.Dec. 319, 397 N.E.2d 1385 (1979); People v. Mitchell, 201 A.D.2d 507, 607 N.Y.S.2d 417 (N.Y.App.Div.1994); State v. Gedutis, 163 Vt. 591, 653 A.2d 761 Given our appellate courts have extended the application of B......
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Washpon v. New York State Dist. Atty., Kings County
...has no power to order discovery on its own (see, Matter of Hynes v. Cirigliano, 180 A.D.2d 659, 579 N.Y.S.2d 171; People v. Mitchell, 201 A.D.2d 507, 607 N.Y.S.2d Ordering the testing through the inherent powers of the court in the interests of justice is equally problematic. There is no co......
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People v. Lilley
...that defendant violated the conditions of his probation (see, People v. Dolan, 206 A.D.2d 669, 670, 614 N.Y.S.2d 945; People v. Mitchell, 201 A.D.2d 507, 508, 607 N.Y.S.2d 417). As to defendant's challenge to the sentence imposed, in view of defendant's prior and current probation violation......
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People v. Martir
...Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered February 3, 1992, convicting [201 A.D.2d 507] him of murder in the second degree, upon his plea of guilty, and imposing sentence. Page 796 ORDERED that the judgment is affirmed. The defendant's......
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State v. Hill, No. 3795.
...167 Ga.App. 321, 306 S.E.2d 394 (1983); People v. DeWitt, 78 Ill.2d 82, 34 Ill.Dec. 319, 397 N.E.2d 1385 (1979); People v. Mitchell, 201 A.D.2d 507, 607 N.Y.S.2d 417 (N.Y.App.Div.1994); State v. Gedutis, 163 Vt. 591, 653 A.2d 761 Given our appellate courts have extended the application of B......
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Washpon v. New York State Dist. Atty., Kings County
...has no power to order discovery on its own (see, Matter of Hynes v. Cirigliano, 180 A.D.2d 659, 579 N.Y.S.2d 171; People v. Mitchell, 201 A.D.2d 507, 607 N.Y.S.2d Ordering the testing through the inherent powers of the court in the interests of justice is equally problematic. There is no co......
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People v. Lilley
...that defendant violated the conditions of his probation (see, People v. Dolan, 206 A.D.2d 669, 670, 614 N.Y.S.2d 945; People v. Mitchell, 201 A.D.2d 507, 508, 607 N.Y.S.2d 417). As to defendant's challenge to the sentence imposed, in view of defendant's prior and current probation violation......
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People v. Martir
...Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered February 3, 1992, convicting [201 A.D.2d 507] him of murder in the second degree, upon his plea of guilty, and imposing sentence. Page 796 ORDERED that the judgment is affirmed. The defendant's......