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· 3/28/2017

Palmiotto v. Wooster Parking Corp.

Citations

  • 2017 NY Slip Op 2391
  • 148 A.D.3d 621
  • 49 N.Y.S.3d 292

How courts have described this case

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

  • stating that a “signed sentencing order, if legal, controls over oral statements of the sentencing judge not incorporated into the signed judgment of sentence”
  • recognizing a presumption that the written sentencing order represents what the sentencing judge intended
  • finding no “clear clerical error” given the “variable use of the concept of ‘consecutive’ sentences”
  • stating, “the signed, written sentencing order controls, where the sentencing transcript is ambiguous; the ambiguity in the transcript must be resolved by reference to the signed, written sentencing order” (citation omitted)
  • reversing an order issued in October 2017 purporting to “correct” the appellant’s original January 1995 judgment of sentence “to clarify the court’s intent to run [the a]ppellant’s sentences consecutively”
  • stating, “the signed, written sentencing order controls, where the sentencing transcript is ambiguous; the ambiguity in the transcript must be resolved by reference to the signed, written sentencing order” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Richter, Mazzarelli, Kahn, Gesmer

Read full opinion on CourtListener

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.