People v. Cavalera

Appellate Division of the Supreme Court of New York

People v. Cavalera

34 A.D.2d 926, 311 N.Y.S.2d 784, 1970 N.Y. App. Div. LEXIS 4465

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

DecidedJune 16, 1970

StatusPublished

This text of 34 A.D.2d 926 (People v. Cavalera) 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. Cavalera, 34 A.D.2d 926, 311 N.Y.S.2d 784, 1970 N.Y. App. Div. LEXIS 4465 (N.Y. Ct. App. 1970).

Pincite

Opinion

Judgment of conviction rendered December 11, 1968 on defendant’s plea of guilty of unlawfully possessing a depressant and stimulant drug as a misdemeanor, and certifying defendant on her admission of addiction to the Narcotic Addiction Control Commission for a period not to exceed 36 months,K unanimously reversed on the law, and on the consent of the District Attorney, and the defendant remanded for resentenee. The defendant was sentenced under section 208 of the Mental Hygiene Law providing for an examination under section 207 thereof, which by its provision is applicable to violations committed after April 1, 1967. It appears that defendant’s violation was committed prior thereto. Accordingly, the certification of defendant to Narcotic Addiction Control Commission was unauthorized. Concur — Capozzoli, J. P., Nunez, McNally, Steuer and Tilzer, JJ.

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Judgment of conviction rendered December 11, 1968 on defendant’s plea of guilty of unlawfully possessing a depressant and stimulant drug as a misdemeanor, and certifying defendant on her admission of addiction to the Narcotic Addiction Control Commission for a period not to exceed 36 months,K unanimously reversed on the law, and on the consent of the District Attorney, and the defendant remanded for resentenee. The defendant was sentenced under section 208 of the Mental Hygiene Law providing for an examination under section 207 thereof, which by its provision is applicable to violations committed after April 1, 1967. It appears that defendant’s violation was committed prior thereto. Accordingly, the certification of defendant to Narcotic Addiction Control Commission was unauthorized. Concur — Capozzoli, J. P., Nunez, McNally, Steuer and Tilzer, JJ.

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Bluebook (online)

34 A.D.2d 926, 311 N.Y.S.2d 784, 1970 N.Y. App. Div. LEXIS 4465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cavalera-nyappdiv-1970.