People v. Cash

Appellate Division of the Supreme Court of New York

People v. Cash

43 A.D.2d 1000, 1974 N.Y. App. Div. LEXIS 5761

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

DecidedFebruary 14, 1974

StatusPublished

This text of 43 A.D.2d 1000 (People v. Cash) 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. Cash, 43 A.D.2d 1000, 1974 N.Y. App. Div. LEXIS 5761 (N.Y. Ct. App. 1974).

Pincite

Opinion

Application, pursuant to CPL 460.15, for certificate granting leave to appeal from an order denying defendant’s motion for resentencing pursuant to People v. Montgomery (24 H Y 2d 130). Since defendant seeks a reduction of sentence, an appropriate “ viable claim ” is presented for appellate review (People v. Coleman, 30 H Y 2d 582). Accordingly, in the interest [1001]*1001of justice, the instant application is referred to the court and is treated as a motion for an extension of time to take an appeal from the judgment of conviction (CPL 460.30). Motion granted, and time to file and serve notice of appeal extended until 30 days from the date of this decision. Herlihy, P. J., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.

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Application, pursuant to CPL 460.15, for certificate granting leave to appeal from an order denying defendant’s motion for resentencing pursuant to People v. Montgomery (24 H Y 2d 130). Since defendant seeks a reduction of sentence, an appropriate “ viable claim ” is presented for appellate review (People v. Coleman, 30 H Y 2d 582). Accordingly, in the interest [1001]*1001of justice, the instant application is referred to the court and is treated as a motion for an extension of time to take an appeal from the judgment of conviction (CPL 460.30). Motion granted, and time to file and serve notice of appeal extended until 30 days from the date of this decision. Herlihy, P. J., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.

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Bluebook (online)

43 A.D.2d 1000, 1974 N.Y. App. Div. LEXIS 5761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cash-nyappdiv-1974.