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· 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).

Read full opinion on CourtListener

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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.