People v. Wetmore
Criminal LawProbationAppealprobation revocationsentence of imprisonmentappellate affirmanceremittalCPL 460.50(5)
Facts
The Genesee County Court entered a judgment on July 21, 2005. That judgment revoked defendant's probation. The court also imposed a sentence of imprisonment. Defendant appealed from that judgment.
Issue
Whether the judgment revoking defendant's probation and imposing a sentence of imprisonment should be disturbed on appeal, and whether any further proceedings were required.
Rule
On this appeal, the Appellate Division affirmed the judgment revoking probation and imposing imprisonment, and remitted the matter to County Court for proceedings pursuant to CPL 460.50(5).
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Monroe County, New York, Lena Ortiz appealed a county court judgment that revoked her probation and sentenced her to 18 months in prison. The Appellate Division issued an order stating only that the judgment was unanimously affirmed and that the matter was remitted to county court for proceedings pursuant to CPL 460.50(5).
What is the legal effect of that appellate order?
Explanation. The only rule established by the majority text is the disposition itself: when the Appellate Division unanimously affirms a judgment revoking probation and imposing imprisonment, that judgment remains intact. The remittal does not disturb the affirmance; it sends the matter back solely for proceedings pursuant to CPL 460.50(5). (Derived from People v. Wetmore (n.d.).)