New York Court of Appeals, 2004

People v. Marrero

New York Court of Appeals · Decided December 2, 2004 · Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith Concur

821 N.E.2d 968; 3 N.Y.3d 762; 788 N.Y.S.2d 663; 2004 N.Y. LEXIS 3726 (North Eastern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

People v. Nieves-Rojas (Appellate Division of the Supreme Court of New York 2015)
People v. Nieves-Rojas (Appellate Division of the Supreme Court of New York 2015)
People v. Marino (Appellate Division of the Supreme Court of New York 2011)
People v. Williams (Appellate Division of the Supreme Court of New York 2008)
People v. Assadourian (Appellate Division of the Supreme Court of New York 2005)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Upon remitting the matter for resentencing based on the sentencing court having—as a result of the parties’ mutual mistake—adjudicated defendant a second felony offender, the Appellate Division allowed the People to allege a different prior felony conviction as a basis for the adjudication. Citing Matter of Kisloff v Covington (73 NY2d 445, 452 [1989]), the Appellate Division correctly ruled that in the event defendant cannot properly be adjudicated a second felony offender, the People should not be permitted to withdraw their consent to defendant’s guilty plea.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.