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People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 2004
5 A.D.3d 702 (N.Y. App. Div. 2004)

Opinion

2001-11166.

Decided March 22, 2004.

Appeal by the defendant from an amended judgment of the Supreme Court, Westchester County (Perone, J.), rendered November 21, 2001, revoking a sentence of probation previously imposed by the same court, upon his admission that he violated a condition thereof, and imposing a sentence of imprisonment upon his previous conviction of arson in the fourth degree.

Joseph A. Vita, Port Chester, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the amended judgment is affirmed.

The defendant contends that the court failed to conduct an adequate inquiry into the validity of his post-admission arrest on an unrelated crime before imposing an enhanced sentence ( see People v. Outley, 80 N.Y.2d 702). The inquiry conducted was sufficient to satisfy the court that there was a legitimate basis for the arrest on the new criminal charge ( see id at 713; People v. Marshall, 231 A.D.2d 893).

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 2004
5 A.D.3d 702 (N.Y. App. Div. 2004)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE, ETC., respondent, v. COREY WALKER, appellant

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

Date published: Mar 22, 2004

Citations

5 A.D.3d 702 (N.Y. App. Div. 2004)
774 N.Y.S.2d 721

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