AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC SCHRADER, Appellant.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for resentencing by a different judge.

The sentencing court's remarks demonstrated that it improperly considered crimes of which the defendant was acquitted as a basis for sentencing ( see People v. Reeder, 298 AD2d 468; People v. Innis, 288 AD2d 236; People v. Santiago, 277 AD2d 258). Accordingly, the matter must be remitted to the County Court, Orange County, for resentencing before a different judge.

Use AI to get other relevant cases.

Comments

PEOPLE v. SCHRADER
(Nov 21, 2005)