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People v. Anthony

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1976
51 A.D.2d 750 (N.Y. App. Div. 1976)

Opinion

February 9, 1976


Appeal by defendant (1) from a judgment of the Supreme Court, Queens County, rendered March 18, 1974, adjudicating him a youthful offender, after his plea of guilty of attempted burglary in the third degree, and imposing sentence and (2) by permission, from an order of the same court, made June 5, 1975, which denied his motion to vacate the said judgment. Order reversed, on the law, and motion remanded to Criminal Term for a hearing and new determination, which hearing shall be held expeditiously; the appeal from the judgment is held in abeyance in the interim. Under the circumstances presented, defendant's motion should not have been denied without a hearing. Hopkins, Acting P.J., Cohalan, Rabin, Shapiro and Titone, JJ., concur.


Summaries of

People v. Anthony

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1976
51 A.D.2d 750 (N.Y. App. Div. 1976)
Case details for

People v. Anthony

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY D…

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

Date published: Feb 9, 1976

Citations

51 A.D.2d 750 (N.Y. App. Div. 1976)