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People v. Butts

Court of Appeals of the State of New York
Jul 7, 1966
219 N.E.2d 202 (N.Y. 1966)

Opinion

Argued June 7, 1966

Decided July 7, 1966

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILFRED A. WALTEMADE, J.

Lois P. Sheinfeld and Anthony F. Marra for appellant.

Isidore Dollinger, District Attorney ( Arnold Kideckel and Walter E. Dillon of counsel), for respondent.


Order reversed and matter remitted to the Supreme Court, Bronx County, with directions to grant the prayer of the petition that defendant be resentenced as though the February 19, 1952 sentence was under the youthful offender statute (Code Crim. Pro., pt. VI, tit. VII-B, § 913-e et seq.). The statute as now written does not permit vacatur of youthful offender adjudication on facts arising after the event.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.


Summaries of

People v. Butts

Court of Appeals of the State of New York
Jul 7, 1966
219 N.E.2d 202 (N.Y. 1966)
Case details for

People v. Butts

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD BUTTS…

Court:Court of Appeals of the State of New York

Date published: Jul 7, 1966

Citations

219 N.E.2d 202 (N.Y. 1966)
219 N.E.2d 202
272 N.Y.S.2d 383