People v. Almstead

Appellate Division of the Supreme Court of New York

People v. Almstead

42 A.D.2d 743, 346 N.Y.S.2d 295, 1973 N.Y. App. Div. LEXIS 3742

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 16, 1973

StatusPublished

This text of 42 A.D.2d 743 (People v. Almstead) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Almstead, 42 A.D.2d 743, 346 N.Y.S.2d 295, 1973 N.Y. App. Div. LEXIS 3742 (N.Y. Ct. App. 1973).

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Opinion

Appeal by defendant (by permission) from an order of the County Court, Westchester County, dated May 25,1972 and entered June 5, 1972, which denied his motion to vacate a sentence of said court, imposed on December 6, 1968, upon his conviction of robbery in the first degree, assault in the second degree and grand larceny in the first degree, upon a jury verdict. Order reversed, on the law; motion granted; sentence vacated and ease remanded to the County Court for resentence. The resentence shall be by a Judge other than the one who imposed the December 6, 1968 sentence. It was error to [744]*744impose sentence upon defendant without a written report on a presentence investigation. The youthful offender file prepared 10 years previously and a copy of defendant’s criminal record did not amount to the required investigation of the social history of the case (see People v. Aiss, 29 N Y 2d 403). Hopkins, Acting P. J., Munder, Shapiro, Gulotta and Christ, JJ., concur.

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Appeal by defendant (by permission) from an order of the County Court, Westchester County, dated May 25,1972 and entered June 5, 1972, which denied his motion to vacate a sentence of said court, imposed on December 6, 1968, upon his conviction of robbery in the first degree, assault in the second degree and grand larceny in the first degree, upon a jury verdict. Order reversed, on the law; motion granted; sentence vacated and ease remanded to the County Court for resentence. The resentence shall be by a Judge other than the one who imposed the December 6, 1968 sentence. It was error to [744]*744impose sentence upon defendant without a written report on a presentence investigation. The youthful offender file prepared 10 years previously and a copy of defendant’s criminal record did not amount to the required investigation of the social history of the case (see People v. Aiss, 29 N Y 2d 403). Hopkins, Acting P. J., Munder, Shapiro, Gulotta and Christ, JJ., concur.

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Bluebook (online)

42 A.D.2d 743, 346 N.Y.S.2d 295, 1973 N.Y. App. Div. LEXIS 3742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-almstead-nyappdiv-1973.