Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
People v. Jabot
Citations: 2017 NY Slip Op 8554; 156 A.D.3d 954; 66 N.Y.S.3d 719Docket: 108025
Court: Appellate Division of the Supreme Court of the State of New York; December 6, 2017; New York; State Appellate Court
Original Court Document: View Document
In *People v. Jabot*, the Appellate Division affirmed the lower court's decisions regarding Aaron Jabot's convictions and sentences. Initially, Jabot pleaded guilty to second-degree assault in September 2015, waiving his right to appeal. Following sentencing in November 2015, it was discovered that his sentence was illegal for a second violent felony offender. Consequently, in January 2017, with the consent of both the prosecution and Jabot, the court reduced his conviction to attempted assault in the second degree and resentenced him to 2 to 4 years in prison, followed by five years of postrelease supervision. Jabot's appeal challenged the denial of his motion to withdraw his guilty plea, claiming innocence, ineffective assistance of counsel, and impaired understanding due to medication. The court found no abuse of discretion in denying the motion, stating that withdrawal of a guilty plea generally requires evidence of innocence or fraud. The record indicated that Jabot had received effective counsel, understood the plea process, and was not under the influence of substances during the proceedings. The court emphasized that the plea bargain had been advantageous, allowing him to avoid a potential 25-year-to-life sentence. The resentencing was deemed appropriate as the court can legally modify sentences without allowing plea withdrawal when the initial sentence is illegal. The reduction in charge and sentence was favorable to Jabot compared to the original agreement. The judgments were thus affirmed by the court.