People v. DiLaura

Appellate Division of the Supreme Court of New York

People v. DiLaura

47 A.D.2d 806, 365 N.Y.S.2d 300, 1975 N.Y. App. Div. LEXIS 9127

Appellate Division of the Supreme Court of the State of New York·Decided March 6, 1975·Published

Opinion

Judgment unanimously affirmed. Memorandum: In accordance with the holding of the Court of Appeals in People v. McClain and eases decided therein (35 N Y 2d 483), under the circumstances here shown the failure of literal compliance with CPL 380.50 does not require resentencing. (Appeal from judgment of Niagara County Court convicting defendant of robbery, second degree.) Present — ■ Marsh, P. J., Moule, Mahoney, Del Vecchio and Witmer, JJ.

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Judgment unanimously affirmed. Memorandum: In accordance with the holding of the Court of Appeals in People v. McClain and eases decided therein (35 N Y 2d 483), under the circumstances here shown the failure of literal compliance with CPL 380.50 does not require resentencing. (Appeal from judgment of Niagara County Court convicting defendant of robbery, second degree.) Present — ■ Marsh, P. J., Moule, Mahoney, Del Vecchio and Witmer, JJ.

People v. DiLaura, 47 A.D.2d 806, 365 N.Y.S.2d 300, 1975 N.Y. App. Div. LEXIS 9127 (N.Y. Ct. App. 1975).

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47 A.D.2d 806 (People v. DiLaura) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.