People v. Dubose

Appellate Division of the Supreme Court of New York

People v. Dubose

41 A.D.2d 742, 341 N.Y.S.2d 433, 1973 N.Y. App. Div. LEXIS 4978

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

DecidedMarch 5, 1973

StatusPublished

This text of 41 A.D.2d 742 (People v. Dubose) 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. Dubose, 41 A.D.2d 742, 341 N.Y.S.2d 433, 1973 N.Y. App. Div. LEXIS 4978 (N.Y. Ct. App. 1973).

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Opinion

Appeal by defendant from a judgment of the County Court, Westchester County, rendered November 15, 1971, convicting him of criminally selling a dangerous drug in the third degree (3 counts) and eriminaily possessing a dangerous orug m the fourth degree (3 counts), upon a jury verdict, and sentencing him on each count to an indeterminate prison term not to exceed seven years, to run concurrently. Judgment reversed as to the sentence, on the law, and otherwise affirmed, and case remanded to the County Court for resentencing. At the time of sentencing the Narcotic Addiction Control Commission was not accepting referrals and the record does not' indicate whether the sentencing court considered the alternative sentencing provisions provided by the Penal Law (People v. Bennet, 39 A D 2d 320). Hopkins, Acting P. J., Munder, Latham, Gulotta and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Westchester County, rendered November 15, 1971, convicting him of criminally selling a dangerous drug in the third degree (3 counts) and eriminaily possessing a dangerous orug m the fourth degree (3 counts), upon a jury verdict, and sentencing him on each count to an indeterminate prison term not to exceed seven years, to run concurrently. Judgment reversed as to the sentence, on the law, and otherwise affirmed, and case remanded to the County Court for resentencing. At the time of sentencing the Narcotic Addiction Control Commission was not accepting referrals and the record does not' indicate whether the sentencing court considered the alternative sentencing provisions provided by the Penal Law (People v. Bennet, 39 A D 2d 320). Hopkins, Acting P. J., Munder, Latham, Gulotta and Benjamin, JJ., concur.

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Bluebook (online)

41 A.D.2d 742, 341 N.Y.S.2d 433, 1973 N.Y. App. Div. LEXIS 4978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dubose-nyappdiv-1973.