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People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1976
51 A.D.2d 809 (N.Y. App. Div. 1976)

Opinion

February 23, 1976


Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County, imposed June 10, 1974, upon his conviction of criminal sale of a controlled substance in the third degree, upon his plea of guilty. Sentence affirmed. No opinion. Martuscello, Acting P.J., Christ, Titone and Hawkins, JJ., concur; Shapiro, J., dissents and votes to reverse the sentence and to remand the case to Criminal Term for resentence, with the following memorandum: In my view, from the colloquy between the sentencing court and defendant, it seems clear that the court was of the opinion that the minimum term which it could impose was five years and that it could not impose a minimum term of less than five years. Under the circumstances, defendant should be remanded for resentence.


Summaries of

People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1976
51 A.D.2d 809 (N.Y. App. Div. 1976)
Case details for

People v. Lopez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SANTOS LOPEZ, Appellant

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

Date published: Feb 23, 1976

Citations

51 A.D.2d 809 (N.Y. App. Div. 1976)