People v. Comicz

Appellate Division of the Supreme Court of New York

People v. Comicz

59 A.D.2d 536, 396 N.Y.S.2d 1015, 1977 N.Y. App. Div. LEXIS 13322

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

DecidedAugust 1, 1977

StatusPublished

Cited by1 cases

This text of 59 A.D.2d 536 (People v. Comicz) 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. Comicz, 59 A.D.2d 536, 396 N.Y.S.2d 1015, 1977 N.Y. App. Div. LEXIS 13322 (N.Y. Ct. App. 1977).

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Opinion

Appeal by defendant from a judgment of the County Court, Orange County, rendered June 4, 1976, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence. Judgment reversed, on the law, sentence vacated and case remanded to the County Court for resentencing, at which time the County Court shall determine whether defendant is a youthful offender (see People v Drummond 40 NY2d 990). It appears from the record and is conceded in the People’s brief on this appeal that the issue of the invalidity of the youthful offender statute was preserved by the colloquy between the court and defense counsel at the time of the sentencing. Hopkins, J. P., Shapiro, Suozzi and Mollen, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Orange County, rendered June 4, 1976, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence. Judgment reversed, on the law, sentence vacated and case remanded to the County Court for resentencing, at which time the County Court shall determine whether defendant is a youthful offender (see People v Drummond 40 NY2d 990). It appears from the record and is conceded in the People’s brief on this appeal that the issue of the invalidity of the youthful offender statute was preserved by the colloquy between the court and defense counsel at the time of the sentencing. Hopkins, J. P., Shapiro, Suozzi and Mollen, JJ., concur.

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Bluebook (online)

59 A.D.2d 536, 396 N.Y.S.2d 1015, 1977 N.Y. App. Div. LEXIS 13322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-comicz-nyappdiv-1977.

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