PEOPLE v. HOWLETT

11760. 2519/16.

185 A.D.3d 432 (2020)

125 N.Y.S.3d 685

2020 NY Slip Op 03746

The People of the State of New York, Respondent, v. David Howlett, Appellant.

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

Decided July 2, 2020.


The court properly found that defendant violated the conditions of his plea agreement, and thereby forfeited the opportunity to have his conviction replaced by a misdemeanor conviction. Initially, we find that the court providently exercised its discretion in considering the evidence and arguments submitted on defendant's motion, rather than holding an evidentiary hearing (see People v Outley, 80 N.Y.2d 702, 713 [1993]). The court...

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