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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1974
46 A.D.2d 692 (N.Y. App. Div. 1974)

Opinion

October 28, 1974


Appeal by defendant, as limited by his brief, from a sentence of the County Court, Orange County, imposed November 2, 1973, upon a conviction of criminal possession of a dangerous drug in the fourth degree, upon a guilty plea. The sentence was a prison term of a seven-year maximum and a two-and-one-third-year minimum. Sentence reversed, on the law, and case remanded to the County Court, Orange County, for resentence in compliance with section 70.00 (subd. 3, par. [b]) of the Penal Law. No question of fact was presented on this appeal. The record discloses that the sentencing court failed to set forth its reasons for imposing a minimum sentence as is mandated by section 70.00 (subd. 3, par. [b]) of the Penal Law. Accordingly, defendant should be resentenced (see People v. Healey, 46 A.D.2d 691). We have also examined defendant's other arguments and find them to be without merit. Martuscello, Acting P.J., Latham, Cohalan, Brennan and Munder, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1974
46 A.D.2d 692 (N.Y. App. Div. 1974)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY SMITH, JR., Also…

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

Date published: Oct 28, 1974

Citations

46 A.D.2d 692 (N.Y. App. Div. 1974)

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