People v. Pickett
Cases that cite this one
4 later published cases cite this decision.
- SPENCER, IV, HENRY S., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
- SMITH, SHAMEL, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Smith (Appellate Division of the Supreme Court of New York 2012)
- People v. Smith (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Jefferson County Court for further proceedings in accordance with the following memorandum: On a prior appeal, we affirmed the judgment convicting defendant upon his plea of guilty of manslaughter in the second degree under Penal Law § 125.15 (1) (People v Pickett, 49 AD3d 1207 [2008], lv denied 10 NY3d 963 [2008] ). We subsequently granted defendant’s motion for a writ of error coram nobis on the ground that appellate counsel had failed to raise an issue on appeal that may have merit, i.e., that County Court erred in ordering restitution inasmuch as it was not part of the plea bargain (People v Pickett, 67 AD3d 1458 [2009] ), and we vacated our prior order. We now consider the appeal de novo.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.