People v. Drake

Appellate Division of the Supreme Court of New York

People v. Drake

48 A.D.2d 814, 372 N.Y.S.2d 206, 1975 N.Y. App. Div. LEXIS 10014

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

DecidedJune 26, 1975

StatusPublished

This text of 48 A.D.2d 814 (People v. Drake) 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. Drake, 48 A.D.2d 814, 372 N.Y.S.2d 206, 1975 N.Y. App. Div. LEXIS 10014 (N.Y. Ct. App. 1975).

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Opinion

Judgment, Supreme Court, Bronx County, rendered on November 20, 1974 (resentence), convicting defendant, upon his plea of guilty, of attempted robbery in the third degree and attempted assault in the second degree, and sentencing him to an indeterminate term of imprisonment with a maximum of three years, unanimously reversed, on the law, insofar as it imposes sentence, the case remanded for resentencing, and otherwise affirmed. Although the court properly vacated the illegal sentences previously imposed, it then failed to pronounce sentence on each count, as required by statute. (CPL 380.20.) Concur—Markewich, J. P., Kupferman, Murphy, Capozzoli and Lynch, JJ.

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Judgment, Supreme Court, Bronx County, rendered on November 20, 1974 (resentence), convicting defendant, upon his plea of guilty, of attempted robbery in the third degree and attempted assault in the second degree, and sentencing him to an indeterminate term of imprisonment with a maximum of three years, unanimously reversed, on the law, insofar as it imposes sentence, the case remanded for resentencing, and otherwise affirmed. Although the court properly vacated the illegal sentences previously imposed, it then failed to pronounce sentence on each count, as required by statute. (CPL 380.20.) Concur—Markewich, J. P., Kupferman, Murphy, Capozzoli and Lynch, JJ.

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Bluebook (online)

48 A.D.2d 814, 372 N.Y.S.2d 206, 1975 N.Y. App. Div. LEXIS 10014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-drake-nyappdiv-1975.