People v. De Pace

Appellate Division of the Supreme Court of New York

People v. De Pace

75 A.D.2d 856, 427 N.Y.S.2d 842, 1980 N.Y. App. Div. LEXIS 11469

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

DecidedMay 12, 1980

StatusPublished

This text of 75 A.D.2d 856 (People v. De Pace) 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. De Pace, 75 A.D.2d 856, 427 N.Y.S.2d 842, 1980 N.Y. App. Div. LEXIS 11469 (N.Y. Ct. App. 1980).

Pincite

Opinion

by defendant, as limited by his motion, from a sentence of the County Court, Orange County, imposed November 23, 1979. Appeal dismissed without prejudice to the commencement of a proceeding pursuant to CPLR article 78 to compel the Department of Correctional Services to place defendant in an institution with appropriate programs, facilities and security arrangements. An appeal taken pursuant to subdivision (i) of section 670.17 of the rules of this court brings up for review only the "legality, propriety or excessiveness of the sentence imposed” (22 NYCRR 670.17 [i]). Since defendant does not base his appeal on any of these enumerated grounds, but rather challenges the appropriateness [857]*857of the particular institution wherein he is incarcerated pursuant to the sentence, the appeal must be dismissed. Lazer, J. P., Mangano, Gibbons, and Rabin, JJ., concur.

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by defendant, as limited by his motion, from a sentence of the County Court, Orange County, imposed November 23, 1979. Appeal dismissed without prejudice to the commencement of a proceeding pursuant to CPLR article 78 to compel the Department of Correctional Services to place defendant in an institution with appropriate programs, facilities and security arrangements. An appeal taken pursuant to subdivision (i) of section 670.17 of the rules of this court brings up for review only the "legality, propriety or excessiveness of the sentence imposed” (22 NYCRR 670.17 [i]). Since defendant does not base his appeal on any of these enumerated grounds, but rather challenges the appropriateness [857]*857of the particular institution wherein he is incarcerated pursuant to the sentence, the appeal must be dismissed. Lazer, J. P., Mangano, Gibbons, and Rabin, JJ., concur.

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Bluebook (online)

75 A.D.2d 856, 427 N.Y.S.2d 842, 1980 N.Y. App. Div. LEXIS 11469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-pace-nyappdiv-1980.