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Decisions

Court Holds That Sentence Was Improperly Enhanced

November 19, 2015

Anibal Carrasquillo pled guilty to attempted robbery in the third degree after the court promised a sentence of 1 1/3 to 3 years.  The promise was conditioned on Mr. Carrasquillo’s cooperation with the Department of Probation.  Mr. Carrasquillo answered every question asked during his Probation interview, but denied his guilt.  At sentencing, the court found the denial of guilt to be a violation of the cooperation condition and imposed an enhanced sentence of 2 to 4 years.  Reaching the issue in the interest of justice, the Second Department held that the denial of guilt was not a violation of the cooperation condition and remanded the case for the imposition of the promised term of 1 1/3 to 3 years.     

Lynn W. L. Fahey briefed the case on behalf of Appellate Advocates.