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People v. Brown

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 1975
50 A.D.2d 768 (N.Y. App. Div. 1975)

Opinion

December 16, 1975


Judgment rendered September 11, 1973, in the Supreme Court, New York County, convicting defendant after jury trial of the crime of assault in the first degree, and sentencing him to a minimum term of three years and four months and a maximum of 10 years, unanimously modified, on the law, to vacate the sentence imposed and to remand for resentencing for compliance with section 70.00 (subd 3, par [b]) of the Penal Law. As so modified the judgment is otherwise affirmed. As the People concede, there was a failure by the court to articulate its reasons for the imposition of the minimum term of imprisonment.

Concur — Stevens, P.J., Kupferman, Capozzoli, Lane and Nunez, JJ.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 1975
50 A.D.2d 768 (N.Y. App. Div. 1975)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT BROWN…

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

Date published: Dec 16, 1975

Citations

50 A.D.2d 768 (N.Y. App. Div. 1975)