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People v. Richard

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1980
77 A.D.2d 604 (N.Y. App. Div. 1980)

Opinion

July 14, 1980


Motion by defendant for reargument of his appeal from a judgment of the County Court, Nassau County, rendered June 7, 1979, the appeal having been decided by order of this court dated May 5, 1980. Motion granted and upon reargument this court's decision and order, both dated May 5, 1980, are recalled and vacated and the following substituted decision is rendered. Appeal by defendant from a judgment of the County Court, Nassau County, rendered June 7, 1979, adjudicating him to be a youthful offender, upon a plea of guilty, and imposing sentence. Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed and case remitted to the County Court for the imposition of a new sentence. The definite one-year term of imprisonment imposed by the County Court was unauthorized (see Penal Law, § 60.01, subd 3, par [a]; § 60.02, former subd [a]; § 70.00, subds 2, 3, 4; cf. People v. Donald Joseph P., 55 A.D.2d 661; People v. James M., 47 A.D.2d 907; distinguish People v James S., 65 A.D.2d 823). Gibbons, J.P., Gulotta, Margett and O'Connor, JJ., concur.


Summaries of

People v. Richard

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1980
77 A.D.2d 604 (N.Y. App. Div. 1980)
Case details for

People v. Richard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD H., Appellant

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

Date published: Jul 14, 1980

Citations

77 A.D.2d 604 (N.Y. App. Div. 1980)