People v. Clifford
This text of 38 A.D.2d 952 (People v. Clifford) 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.
Opinion
Appeal by defendant from a judgment of the County Court, Nassau County, rendered March 4, 1971 on resentence, convicting him of attemted sale of a dangerous drug in the third degree, upon a guilty plea, and imposing sentence. Judgment affirmed. In our opinion, imposition of the judgment of resentence in absentia was proper (People v. Ali, 35 A D 2d 435, 439; see People v. Ganci, 27 N Y 2d 418, 429) in the absence of any alteration in the original sentence imposed (cf. People v. Saperstein, 1 A D 2d 949) or some indication that defendant intended to challenge the constitutionality of a predicate conviction (cf. People v. Wilkins, 28 N Y 2d 213). Rabin, P. J., Munder, Martuscello, Gulotta and Benjamin, JJ., concur.
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Cite This Page — Counsel Stack
38 A.D.2d 952, 331 N.Y.S.2d 328, 1972 N.Y. App. Div. LEXIS 5173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clifford-nyappdiv-1972.