· 3/23/2022
Matter of Rowe v. Whelan
Citations
- 203 A.D.3d 1049
- 162 N.Y.S.3d 793
- 2022 NY Slip Op 02003
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating, “[t]o the extent there is any ambiguity [in the terms and conditions of probation], ... we construe the lack of clarity in the defendant’s favor”
- “Due process . . . requires that a defendant sentenced to probation receive fair warning of conduct that may result in the revocation of probation”
- due process entitles probationers to clear guidance about what conduct is prohibited and when prohibitions apply
- due process requires that probationers \receive fair warning of conduct that may result in the revocation of probation\
- due process \requires that a defendant sentenced to probation receive fair warning of conduct that may result in the revocation of probation\
- sentence could not be construed to have probation begin during incarceration, where language of sentence did not give fair notice of same
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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.