People v. Butler

New York Court of Appeals

People v. Butler

320 N.E.2d 870, 35 N.Y.2d 787, 362 N.Y.S.2d 155, 1974 N.Y. LEXIS 1240

DecidedNovember 14, 1974

StatusPublished

This text of 320 N.E.2d 870 (People v. Butler) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Butler, 320 N.E.2d 870, 35 N.Y.2d 787, 362 N.Y.S.2d 155, 1974 N.Y. LEXIS 1240 (N.Y. 1974).

Pincite

Opinion

Memorandum. We have examined defendants’ several contentions and find them to be without merit. The convictions should, therefore, be sustained.

The judgments appealed from should be modified by vacating the sentence of death, however (People v. Fitzpatrick, 32 N Y 2d 499), and the case remitted to Supreme Court, Queens County, for resentencing. As so modified, the judgments should be affirmed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtlbr, Rabin and Stevens concur.

Judgments modified in accordance with the memorandum herein and, as so modified, affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Memorandum. We have examined defendants’ several contentions and find them to be without merit. The convictions should, therefore, be sustained.

The judgments appealed from should be modified by vacating the sentence of death, however (People v. Fitzpatrick, 32 N Y 2d 499), and the case remitted to Supreme Court, Queens County, for resentencing. As so modified, the judgments should be affirmed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtlbr, Rabin and Stevens concur.

Judgments modified in accordance with the memorandum herein and, as so modified, affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

320 N.E.2d 870, 35 N.Y.2d 787, 362 N.Y.S.2d 155, 1974 N.Y. LEXIS 1240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-butler-ny-1974.