1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 10 N.Y.3d
  5. 10 N.Y.3d 663 (2008)
 

PEOPLE v. MONTILLA

10 N.Y.3d 663 (2008)

891 N.E.2d 1175

862 N.Y.S.2d 11

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLYN MONTILLA, Appellant.

Court of Appeals of the State of New York.

Decided June 25, 2008.

Attorney(s) appearing for the Case

Kaye Scholer LLP, New York City (Daniel R. Alonso, Craig M. Cepler and Peter B. Silverman of counsel), and Criminal Appeals Bureau, Legal Aid Society (Steven Banks and John Schoeffel of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Martin J. Foncello and Alan Gadlin of counsel), for respondent.

Chief Judge KAYE and Judges GRAFFEO, SMITH, PIGOTT and JONES concur; Judge CIPARICK taking no part.

OPINION OF THE COURT

READ, J.

On March 12, 2004, defendant Franklyn Montilla pleaded guilty to the crime of assault in the third degree (Penal Law § 120.00). A month later, on April 13, 2004—before sentencing had been imposed for the assault—defendant was arrested for swinging a machete in the presence of police officers. As a result of this incident, he was subsequently indicted for one count...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases