People v. Daloia

Appellate Division of the Supreme Court of New York

People v. Daloia

40 A.D.2d 1036, 339 N.Y.S.2d 96, 1972 N.Y. App. Div. LEXIS 2953

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

DecidedDecember 29, 1972

StatusPublished

This text of 40 A.D.2d 1036 (People v. Daloia) 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. Daloia, 40 A.D.2d 1036, 339 N.Y.S.2d 96, 1972 N.Y. App. Div. LEXIS 2953 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered July 9, 1971, convicting him of attempted burglary in the third degree, upon a plea of guilty, and sentencing him to an indeterminate term of imprisonment not to exceed three years. Judgment reversed as to the sentence, on the law, and otherwise affirmed, and case remanded to the Criminal Term for resentencing. In our opinion, the sentencing court was in error when it stated that it could not certify defendant to the care and custody of the Narcotic Addiction Control Commission because of an outstanding parole warrant. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered July 9, 1971, convicting him of attempted burglary in the third degree, upon a plea of guilty, and sentencing him to an indeterminate term of imprisonment not to exceed three years. Judgment reversed as to the sentence, on the law, and otherwise affirmed, and case remanded to the Criminal Term for resentencing. In our opinion, the sentencing court was in error when it stated that it could not certify defendant to the care and custody of the Narcotic Addiction Control Commission because of an outstanding parole warrant. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 1036, 339 N.Y.S.2d 96, 1972 N.Y. App. Div. LEXIS 2953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-daloia-nyappdiv-1972.