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: Indignant IndigentSentence Vacated For Failure to Conduct Outley Hearing
"Where, as here, 'an issue is raised concerning the validity of the post-plea charge or there is a denial of any involvement in the underlying crime, the court must conduct an inquiry at which the defendant has an opportunity to show that the arrest is without foundation' (Outley, 80 NY2d at 713). The mere fact that defendant was arrested, without more, is insufficient to justify an enhanced sentence based on a post-plea arrest (id.)"
Full post as published by Indignant Indigent on May 11, 2009 (boomark / email).
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