People v. Breland

Appellate Division of the Supreme Court of New York

People v. Breland

40 A.D.2d 1034, 339 N.Y.S.2d 5, 1972 N.Y. App. Div. LEXIS 2950

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

DecidedDecember 29, 1972

StatusPublished

This text of 40 A.D.2d 1034 (People v. Breland) 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. Breland, 40 A.D.2d 1034, 339 N.Y.S.2d 5, 1972 N.Y. App. Div. LEXIS 2950 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County, rendered September 20, 1971, upon a conviction of robbery in the third degree, upon a plea of guilty. Sentence reversed, on the law, and case remanded to the Criminal Term for resentencing. It is indisputably apparent that on the date of defendant’s sentence he was a narcotic addict and the Narcotic Addiction Control Commission was not accepting convicted defendants under section 208 of the Mental Hygiene Law. The sentencing court indicated that if the commission facilities were available on the date of sentence, defendant would have been certified thereto. Accordingly, this court is of the opinion that defendant should be resentenced. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County, rendered September 20, 1971, upon a conviction of robbery in the third degree, upon a plea of guilty. Sentence reversed, on the law, and case remanded to the Criminal Term for resentencing. It is indisputably apparent that on the date of defendant’s sentence he was a narcotic addict and the Narcotic Addiction Control Commission was not accepting convicted defendants under section 208 of the Mental Hygiene Law. The sentencing court indicated that if the commission facilities were available on the date of sentence, defendant would have been certified thereto. Accordingly, this court is of the opinion that defendant should be resentenced. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 1034, 339 N.Y.S.2d 5, 1972 N.Y. App. Div. LEXIS 2950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-breland-nyappdiv-1972.