People v. Etson

New York Court of Appeals

People v. Etson

355 N.E.2d 296, 39 N.Y.2d 1005, 387 N.Y.S.2d 242, 1976 N.Y. LEXIS 2940

CourtNew York Court of Appeals

DecidedJuly 8, 1976

StatusPublished

Cited by1 cases

This text of 355 N.E.2d 296 (People v. Etson) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Etson, 355 N.E.2d 296, 39 N.Y.2d 1005, 387 N.Y.S.2d 242, 1976 N.Y. LEXIS 2940 (N.Y. 1976).

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Opinion

Memorandum. The order of the Appellate Division should be affirmed. Defendant did not, either at the sentencing hearing or on any other occasion, claim that he aided any prosecution efforts and, indeed, there is no such evidence. Hence, he may not obtain relief under the ameliorative provisions of paragraph (b) of subdivision 1 of section 65.00 of the Penal Law. In any event, any such claim would prove unavailing (People v Eason, 40 NY2d 297 [decided herewith]).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in a memorandum.

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Memorandum. The order of the Appellate Division should be affirmed. Defendant did not, either at the sentencing hearing or on any other occasion, claim that he aided any prosecution efforts and, indeed, there is no such evidence. Hence, he may not obtain relief under the ameliorative provisions of paragraph (b) of subdivision 1 of section 65.00 of the Penal Law. In any event, any such claim would prove unavailing (People v Eason, 40 NY2d 297 [decided herewith]).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in a memorandum.

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Bluebook (online)

355 N.E.2d 296, 39 N.Y.2d 1005, 387 N.Y.S.2d 242, 1976 N.Y. LEXIS 2940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-etson-ny-1976.

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