People v. Floyd

Appellate Division of the Supreme Court of New York

People v. Floyd

39 A.D.2d 588, 331 N.Y.S.2d 738, 1972 N.Y. App. Div. LEXIS 4916

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

DecidedApril 17, 1972

StatusPublished

This text of 39 A.D.2d 588 (People v. Floyd) 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. Floyd, 39 A.D.2d 588, 331 N.Y.S.2d 738, 1972 N.Y. App. Div. LEXIS 4916 (N.Y. Ct. App. 1972).

Pincite

Opinion

Defendant appeals from: (1) a judgment of conviction, upon resentence, of the Supreme Court, Queens County, rendered March 6, 1970, convicting defendant, on his plea of guilty, of attempted burglary in the third degree and (2) an order of the same court, dated, April 9, 1970, which denied without a hearing his motion for a writ of error coram nobis. A second order of the court, dated April 30, 1970, which granted defendant’s motion to reconsider, and upon reconsideration, adhered to the original determination, has also been considered on the present appeal. Judgment of conviction upon resentence modified on the law by providing that it be nunc pro tunc from the date of the original judgment, August 27, 1958, and as so modified, affirmed. Appeal from order dated April 9, 1970 dismissed as academic. Order of April 30, 1970, affirmed. In resentencing situations pursuant to People v. Montgomery, (24 N Y 2d 130), a defendant “should * * * be resentenced nunc pro tunc upon the previous finding of guilt” (People v. Callaway, 24 N Y 2d 127, 129). Pursuant to the requirements of GPL 470.20, we modify the judgment upon resentence accordingly. Martuscello, Acting P. J., Latham, Christ, Brennan and Benjamin, JJ., concur.

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Defendant appeals from: (1) a judgment of conviction, upon resentence, of the Supreme Court, Queens County, rendered March 6, 1970, convicting defendant, on his plea of guilty, of attempted burglary in the third degree and (2) an order of the same court, dated, April 9, 1970, which denied without a hearing his motion for a writ of error coram nobis. A second order of the court, dated April 30, 1970, which granted defendant’s motion to reconsider, and upon reconsideration, adhered to the original determination, has also been considered on the present appeal. Judgment of conviction upon resentence modified on the law by providing that it be nunc pro tunc from the date of the original judgment, August 27, 1958, and as so modified, affirmed. Appeal from order dated April 9, 1970 dismissed as academic. Order of April 30, 1970, affirmed. In resentencing situations pursuant to People v. Montgomery, (24 N Y 2d 130), a defendant “should * * * be resentenced nunc pro tunc upon the previous finding of guilt” (People v. Callaway, 24 N Y 2d 127, 129). Pursuant to the requirements of GPL 470.20, we modify the judgment upon resentence accordingly. Martuscello, Acting P. J., Latham, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

39 A.D.2d 588, 331 N.Y.S.2d 738, 1972 N.Y. App. Div. LEXIS 4916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-floyd-nyappdiv-1972.