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· 4/9/2020

Lexington Ins. Co. v. Kiska Dev. Group LLC

Citations

  • 2020 NY Slip Op 2253

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding failure to invite juvenile to exercise right of allocution is not harmless where punishment is a high-end manifest injustice disposition rather than a low-end one
  • holding failure to invite juvenile to exercise right of allocution is not harmless where punishment is a high-end manifest injustice disposition rather than a low-end one
  • stating that an evidentiary hearing is required to establish breach of plea agreement
  • State argued it was not bound by plea agreement because defendant failed to comply with its requirements
  • State argued it was not bound by plea agreement because defendant failed to comply with its requirements
  • “the trial court must conduct an evidentiary hearing, at which the State must prove by a preponderance of the evidence that the defendant failed to perform his part of the agreement”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.