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People v. Spence

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1994
203 A.D.2d 497 (N.Y. App. Div. 1994)

Opinion

April 18, 1994

Appeal from the Supreme Court, Kings County (Feinberg, J.).


Ordered that the judgment is affirmed.

We disagree with the defendant's contention that he was denied due process. At the plea proceeding, the court warned the defendant that, if he was arrested before sentencing, it would enhance his sentence. The court then asked the defendant if he wished to plead guilty, and the defendant said that he did. When the defendant was subsequently arrested for another robbery, the court held a hearing in order to determine whether there was a legitimate basis for the arrest. The court allowed the defendant wide latitude to call witnesses and to explain the circumstances of his subsequent arrest. This hearing was sufficient to meet the demands of due process (see, People v Outley, 80 N.Y.2d 702). Moreover, based on our review of the record, there clearly was a legitimate basis for the arrest.

The sentence that was imposed is not excessive. Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.


Summaries of

People v. Spence

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1994
203 A.D.2d 497 (N.Y. App. Div. 1994)
Case details for

People v. Spence

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONOVAN SPENCE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 18, 1994

Citations

203 A.D.2d 497 (N.Y. App. Div. 1994)
610 N.Y.S.2d 595

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