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· 3/16/2017

People v. Capriata

Citations

  • 2017 NY Slip Op 1977
  • 148 A.D.3d 528
  • 48 N.Y.S.3d 595

How courts have described this case

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

  • “Through traditional techniques of construction, we had been reading this enhancement to apply without a mens rea for fourteen years before the Sentencing Commission began directing us to do so. Application Note 8(B
  • “[A]n Application Note ‘that interprets or explains a guideline is authoritative unless it violates the Constitution or a federal statute, or is inconsistent with, or a plainly erroneous reading of, that guideline.’” (quoting Stinson v. United States, 508 U.S. 36, 38 (1993))

Source: CourtListener parenthetical corpus (CC0).

Judges: Tom, Acosta, Kapnick, 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.