People v. Minemier

The sentencing court violated N.Y. Crim. Proc. Laws 390.50 and Defendant’s due process rights by failing adequately to set forth on the record the basis for its refusal to disclose to the defense certain statements that were considered by the court for sentencing purposes. Defendant pleaded guilty to charges of attempted murder in the second degree, assault in the first degree, and assault in the second degree. At sentencing, county court denied counsel’s request to turn over to counsel the victim impact letters that accompanied the presentence investigation report (PSI). The Appellate Division concluded that the sentencing court had not erred by denying disclosure of “confidential information.” The Court of Appeals reversed, holding that the sentencing court failed to comply with its statutory obligation under section 390.50, thus implicating Defendant’s due process rights. View "People v. Minemier" on Justia Law

Posted in: Criminal Law

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