People v. Diaz

Appellate Division of the Supreme Court of New York

People v. Diaz

25 A.D.2d 510, 267 N.Y.S.2d 3, 1966 N.Y. App. Div. LEXIS 4940

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

DecidedFebruary 15, 1966

StatusPublished

This text of 25 A.D.2d 510 (People v. Diaz) 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. Diaz, 25 A.D.2d 510, 267 N.Y.S.2d 3, 1966 N.Y. App. Div. LEXIS 4940 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment appealed from unanimously reversed, on the law, to the extent of vacating the sentence imposed and remanding the ease for resentenee [511]*511only. The verdict is not hereby disturbed. The commitment to Napanoeh was a conviction within the meaning of section 1941 of the Penal Law (People ex rel. Vischi v. Martin, 8 N Y 2d 63). The section referred to- deals with punishment, upon conviction, for a second or third offense of felony. If there were any doubt that the commitment in the case before us was also- a judgment entitling the defendant to maintain this appeal, such doubt is readily dissipated by the formal judgment entered herein. (t This being so, the Napanoeh commitment is necessarily governed, as is any other judgment, by the statutory provisions which pertain to proceedings following a verdict or plea of guilt ” (People ex rel. Vischi v. Martin, supra, p. 66).

Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Judgment appealed from unanimously reversed, on the law, to the extent of vacating the sentence imposed and remanding the ease for resentenee [511]*511only. The verdict is not hereby disturbed. The commitment to Napanoeh was a conviction within the meaning of section 1941 of the Penal Law (People ex rel. Vischi v. Martin, 8 N Y 2d 63). The section referred to- deals with punishment, upon conviction, for a second or third offense of felony. If there were any doubt that the commitment in the case before us was also- a judgment entitling the defendant to maintain this appeal, such doubt is readily dissipated by the formal judgment entered herein. (t This being so, the Napanoeh commitment is necessarily governed, as is any other judgment, by the statutory provisions which pertain to proceedings following a verdict or plea of guilt ” (People ex rel. Vischi v. Martin, supra, p. 66).

Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

25 A.D.2d 510, 267 N.Y.S.2d 3, 1966 N.Y. App. Div. LEXIS 4940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-diaz-nyappdiv-1966.