From Casetext: Smarter Legal Research

People v. Santos

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1970
35 A.D.2d 724 (N.Y. App. Div. 1970)

Opinion

October 5, 1970


Appeal by defendant from an order of the Supreme Court, Kings County, dated December 3, 1968, which denied his motion for resentence. Appeal dismissed. Defendant alleges he was not given the allocution required by section 480 of the Code of Criminal Procedure at the time he was sentenced and that for that reason is entitled to vacatur of the sentence and to a resentence. The order denying that relief is not appealable ( People v. Kadin, 23 A.D.2d 699; People v. Soviero, 27 A.D.2d 548). If the application were deemed as one in coram nobis, it would not be available for an alleged noncompliance with section 480 ( People v. Sullivan, 3 N.Y.2d 196; People v. Kadin, supra; People v. Soviero, supra). In any event, we have examined the record, and the Clerk's minutes refute defendant's contention. Hence, if we were not dismissing the appeal, we would affirm the order. Christ, P.J., Rabin, Hopkins, Brennan and Benjamin, JJ., concur.


Summaries of

People v. Santos

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1970
35 A.D.2d 724 (N.Y. App. Div. 1970)
Case details for

People v. Santos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AUGUST F. DOS SANTOS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 5, 1970

Citations

35 A.D.2d 724 (N.Y. App. Div. 1970)