People v. Cintron

Appellate Division of the Supreme Court of New York

People v. Cintron

41 A.D.2d 716, 341 N.Y.S.2d 350, 1973 N.Y. App. Div. LEXIS 4926

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

DecidedMarch 13, 1973

StatusPublished

This text of 41 A.D.2d 716 (People v. Cintron) 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. Cintron, 41 A.D.2d 716, 341 N.Y.S.2d 350, 1973 N.Y. App. Div. LEXIS 4926 (N.Y. Ct. App. 1973).

Pincite

Opinion

Judgment, Supreme Court, Bronx County, rendered on November 24, 1971, convicting the defendant of criminal possession of a dangerous drug in the sixth degree and sentencing her to a reformatory term of imprisonment, unanimously reversed, on the law, and vacated, and the case-remanded to the Criminal Term of Supreme Court, Bronx County, for resentencing. It is apparent that on the date of sentencing, the defendant was a narcotics addict. In addition the defendant was adjudicated a youthful offender, which mandated commitment to the Narcotics Addiction Control Commission {People v. Littlejohn, 40 A D 2d 633). However, at the date of sentence, the commission was not accepting criminal defendants. At this time, the facilities of the commission are available and the defendant should accordingly be resentenced (cf. People v. Goldenberg, 40 A D 2d 613). Concur — Stevens, P. J., McGivern, Kupferman, Lane and Capozzoli, JJ.

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Judgment, Supreme Court, Bronx County, rendered on November 24, 1971, convicting the defendant of criminal possession of a dangerous drug in the sixth degree and sentencing her to a reformatory term of imprisonment, unanimously reversed, on the law, and vacated, and the case-remanded to the Criminal Term of Supreme Court, Bronx County, for resentencing. It is apparent that on the date of sentencing, the defendant was a narcotics addict. In addition the defendant was adjudicated a youthful offender, which mandated commitment to the Narcotics Addiction Control Commission {People v. Littlejohn, 40 A D 2d 633). However, at the date of sentence, the commission was not accepting criminal defendants. At this time, the facilities of the commission are available and the defendant should accordingly be resentenced (cf. People v. Goldenberg, 40 A D 2d 613). Concur — Stevens, P. J., McGivern, Kupferman, Lane and Capozzoli, JJ.

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Bluebook (online)

41 A.D.2d 716, 341 N.Y.S.2d 350, 1973 N.Y. App. Div. LEXIS 4926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cintron-nyappdiv-1973.