People v. Cobb

Appellate Division of the Supreme Court of New York

People v. Cobb

64 A.D.2d 656, 407 N.Y.S.2d 58, 1978 N.Y. App. Div. LEXIS 12469

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

DecidedJuly 17, 1978

StatusPublished

This text of 64 A.D.2d 656 (People v. Cobb) 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. Cobb, 64 A.D.2d 656, 407 N.Y.S.2d 58, 1978 N.Y. App. Div. LEXIS 12469 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 29, 1977, convicting him of robbery in the second degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, sentence vacated and case remitted to the Criminal Term for resentence at which time the Criminal Term shall determine whether defendant is a youthful offender. The defendant was indicted for robbery in the first degree (a class B felony) and lesser crimes, allegedly committed when he was 17 years old. He had not previously been convicted of a felony. In these circumstances, the defendant was an eligible youth and the sentencing court should have determined at the time of sentencing whether he was a youthful offender. The failure to do so requires that defendant be resentenced. Shapiro, J. P., Cohalan, Margett and O’Connor, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 29, 1977, convicting him of robbery in the second degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, sentence vacated and case remitted to the Criminal Term for resentence at which time the Criminal Term shall determine whether defendant is a youthful offender. The defendant was indicted for robbery in the first degree (a class B felony) and lesser crimes, allegedly committed when he was 17 years old. He had not previously been convicted of a felony. In these circumstances, the defendant was an eligible youth and the sentencing court should have determined at the time of sentencing whether he was a youthful offender. The failure to do so requires that defendant be resentenced. Shapiro, J. P., Cohalan, Margett and O’Connor, JJ., concur.

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Bluebook (online)

64 A.D.2d 656, 407 N.Y.S.2d 58, 1978 N.Y. App. Div. LEXIS 12469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cobb-nyappdiv-1978.