People v. Buckley

Appellate Division of the Supreme Court of New York

People v. Buckley

70 A.D.2d 772, 417 N.Y.S.2d 352, 1979 N.Y. App. Div. LEXIS 12271

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

DecidedMay 22, 1979

StatusPublished

Cited by1 cases

This text of 70 A.D.2d 772 (People v. Buckley) 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. Buckley, 70 A.D.2d 772, 417 N.Y.S.2d 352, 1979 N.Y. App. Div. LEXIS 12271 (N.Y. Ct. App. 1979).

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Opinion

— Judgment unanimously modified pursuant to CPL 470.15 and, as modified, affirmed, in accordance with the following memorandum: Defendant’s convictions for. violations of subdivisions 2 and 5 of section 1192 of the Vehicle and Traffic Law and subdivisions 3 and 5 of section 1192 of the Vehicle and Traffic Law as felonies, and for resisting arrest (Penal Law, § 205.30) are affirmed. The court properly exercised its discretion pursuant to subdivision 1 of section 65.10 of the Penal Law in requiring as one of the conditions of its sentence of five years’ probation that defendant receive psychiatric counseling from a licensed psychiatrist. It was error, however, to require treatment from a specifically named psychiatrist. Such limitation is deleted. (Appeal from judgment of Erie County Court — driving while intoxicated, etc.) Present — Cardamone, J. P., Simons, Hancock, Jr., Callahan and Witmer, JJ.

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— Judgment unanimously modified pursuant to CPL 470.15 and, as modified, affirmed, in accordance with the following memorandum: Defendant’s convictions for. violations of subdivisions 2 and 5 of section 1192 of the Vehicle and Traffic Law and subdivisions 3 and 5 of section 1192 of the Vehicle and Traffic Law as felonies, and for resisting arrest (Penal Law, § 205.30) are affirmed. The court properly exercised its discretion pursuant to subdivision 1 of section 65.10 of the Penal Law in requiring as one of the conditions of its sentence of five years’ probation that defendant receive psychiatric counseling from a licensed psychiatrist. It was error, however, to require treatment from a specifically named psychiatrist. Such limitation is deleted. (Appeal from judgment of Erie County Court — driving while intoxicated, etc.) Present — Cardamone, J. P., Simons, Hancock, Jr., Callahan and Witmer, JJ.

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Bluebook (online)

70 A.D.2d 772, 417 N.Y.S.2d 352, 1979 N.Y. App. Div. LEXIS 12271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-buckley-nyappdiv-1979.

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