People v. Edward S.

Appellate Division of the Supreme Court of New York

People v. Edward S.

47 A.D.2d 665, 366 N.Y.S.2d 398, 1975 N.Y. App. Div. LEXIS 8866

Appellate Division of the Supreme Court of the State of New York·Decided February 18, 1975·Published

Opinion

Appeal by defendant' ,(1) from a judgment of the Court,"' Queens County, rendered May 22, 1973, adjudicating him a-youthful offender, upon his- guilty plea, ^nd imposing a sentence of a, reformatory period , of imprisonment,'and (2) by permission, from two orders !of thé same court» dated October 18, 1973 and" January 18, 1974, respectively, which denied his motions, made pursuant to CPL article 440,-to vacate the judgmerit ari^d set .aside ‘the sentence,. Orders, affirmed- Judgment, modified, as va naatter df discretion in the interest of justice, by reducihg it to a period of pro-'. bation, and case remanded to Criminal' Terfir to fix. the period and conditions of -probation.- Ini our opinion» defendant should have been.' sentenced" to a period of probation.. Cohal'an, Qhrist, Brennan and Benjamiri, JJ., concur; Martuscello, Acting P. J., concurs' in the Affirmance of the orders,- but otherwise- dissents and votes to affirm.the judgment and-the. reformatory sentence imposed. .

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Appeal by defendant' ,(1) from a judgment of the Court,"' Queens County, rendered May 22, 1973, adjudicating him a-youthful offender, upon his- guilty plea, ^nd imposing a sentence of a, reformatory period , of imprisonment,'and (2) by permission, from two orders !of thé same court» dated October 18, 1973 and" January 18, 1974, respectively, which denied his motions, made pursuant to CPL article 440,-to vacate the judgmerit ari^d set .aside ‘the sentence,. Orders, affirmed- Judgment, modified, as va naatter df discretion in the interest of justice, by reducihg it to a period of pro-'. bation, and case remanded to Criminal' Terfir to fix. the period and conditions of -probation.- Ini our opinion» defendant should have been.' sentenced" to a period of probation.. Cohal'an, Qhrist, Brennan and Benjamiri, JJ., concur; Martuscello, Acting P. J., concurs' in the Affirmance of the orders,- but otherwise- dissents and votes to affirm.the judgment and-the. reformatory sentence imposed. .

People v. Edward S., 47 A.D.2d 665, 366 N.Y.S.2d 398, 1975 N.Y. App. Div. LEXIS 8866 (N.Y. Ct. App. 1975).

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