People v. Franks

Appellate Division of the Supreme Court of New York

People v. Franks

32 A.D.2d 927, 303 N.Y.S.2d 346, 1969 N.Y. App. Div. LEXIS 3477

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

DecidedJuly 2, 1969

StatusPublished

This text of 32 A.D.2d 927 (People v. Franks) 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. Franks, 32 A.D.2d 927, 303 N.Y.S.2d 346, 1969 N.Y. App. Div. LEXIS 3477 (N.Y. Ct. App. 1969).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 1, 1965, dismissed. Subsequent to the rendition of the judgment from which the appeal was taken, and on January 26, 1967, defendant was resentenced nunc pro tunc as of December 1, 1965, as a first felony offender. The appealed judgment was therefore superseded and this appeal therefrom must be dismissed. However, we have considered the merits of the appeal and, if we were not dismissing the appeal, we would affirm the appealed judgment. Furthermore, defendant has not appealed from the superseding judgment of January 26, 1967 and his time to appeal therefrom has expired. If a timely appeal therefrom on the same grounds as contended at bar were before us, we would affirm that judgment on the merits. Christ, Acting P. J., Brennan, Rabin, Hopkins and Kleinfeld, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 1, 1965, dismissed. Subsequent to the rendition of the judgment from which the appeal was taken, and on January 26, 1967, defendant was resentenced nunc pro tunc as of December 1, 1965, as a first felony offender. The appealed judgment was therefore superseded and this appeal therefrom must be dismissed. However, we have considered the merits of the appeal and, if we were not dismissing the appeal, we would affirm the appealed judgment. Furthermore, defendant has not appealed from the superseding judgment of January 26, 1967 and his time to appeal therefrom has expired. If a timely appeal therefrom on the same grounds as contended at bar were before us, we would affirm that judgment on the merits. Christ, Acting P. J., Brennan, Rabin, Hopkins and Kleinfeld, JJ., concur.

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Bluebook (online)

32 A.D.2d 927, 303 N.Y.S.2d 346, 1969 N.Y. App. Div. LEXIS 3477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-franks-nyappdiv-1969.