PEOPLE v. TAGUE

2287, 1259/12.

144 A.D.3d 576 (2016)

2016 NY Slip Op 07874

40 N.Y.S.3d 905

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MALIK TAGUE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 22, 2016.


The court properly found that defendant violated the no-arrest condition of his plea agreement, and thus forfeited the opportunity to have his conviction replaced by a misdemeanor conviction. To support such a finding, the evidence at an Outley hearing is required to satisfy the court "not of defendant's guilt of the new criminal charge but of the existence of a legitimate basis for the arrest on that charge" (People v Outley, 80 N.Y.2d 702...

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