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Successful Vacatur of Illegally Imposed Prison Sentence in Orange County Allows Client to Go Home

Prior results do not guarantee a similar outcome.

At one of New York’s intermediate appellate courts, the Appellate Division, Second Department, John Ingrassia successfully argued for the reversal of a county court judge’s sentence requiring our client to spend up to four years in state prison. Larkin Ingrassia, PLLC was hired to represent a client who had already pleaded guilty to a felony criminal offense and been promised a sentence of probation so long as he abided by certain promises made to the sentencing court. The sentencing court, after receiving a pre-sentence investigation (PSI) report prepared by a probation department, believed that this individual violated one of his promises, which was to cooperate with the probation department and be truthful in his responses to their questions. Although a Hicks/Outley hearing on this issue was held, which revealed that our client had not actually violated his promise and instead only maintained his innocence of other criminal offenses to which he had not pleaded guilty, the court nonetheless refused to sentence this individual to probation and instead sentenced him to state prison. The firm then undertook an appeal on the client’s behalf. Utilizing the firm’s trusted collaborative approach to representation and through careful and thorough research of the relevant issues, we were able to craft a concise and persuasive argument that the sentencing court erred in imposing an increased sentence. The Second Department agreed and vacated the sentence. John Ingrassia then successfully argued to the new sentencing court that our client should receive a time-served sentence, which resulted in our client being granted his freedom again.

If you or a loved one is facing a situation where an error might have occurred in a criminal court that resulted in a criminal conviction and sentence, contact Larkin Ingrassia, PLLC at 845-566-5345 to set up a free consultation to discuss your options.