People v. Futch

Appellate Division of the Supreme Court of New York

People v. Futch

41 A.D.2d 598, 340 N.Y.S.2d 414, 1973 N.Y. App. Div. LEXIS 5315

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

DecidedJanuary 18, 1973

StatusPublished

This text of 41 A.D.2d 598 (People v. Futch) 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. Futch, 41 A.D.2d 598, 340 N.Y.S.2d 414, 1973 N.Y. App. Div. LEXIS 5315 (N.Y. Ct. App. 1973).

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Opinion

-Judgment unanimously affirmed. Hemorandum: At the time of sentencing the court was fully informed of defendant’s heroin addiction and made substantial reference to it before pronouncing sentence. There was no doubt as to whether defendant was an addict. Under these circumstances “ defendant is not prejudiced by failure to order an examination ” (People v. Carter, 31 N Y 2d 281; People v. Gordian, 39 A D 2d 861). (Appeal from judgment of Honroe County Court convicting defendant of robbery, second degree.) Present — Goldman, P. J., Harsh, Houle, Cardamone and Simons, JJ.

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-Judgment unanimously affirmed. Hemorandum: At the time of sentencing the court was fully informed of defendant’s heroin addiction and made substantial reference to it before pronouncing sentence. There was no doubt as to whether defendant was an addict. Under these circumstances “ defendant is not prejudiced by failure to order an examination ” (People v. Carter, 31 N Y 2d 281; People v. Gordian, 39 A D 2d 861). (Appeal from judgment of Honroe County Court convicting defendant of robbery, second degree.) Present — Goldman, P. J., Harsh, Houle, Cardamone and Simons, JJ.

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Bluebook (online)

41 A.D.2d 598, 340 N.Y.S.2d 414, 1973 N.Y. App. Div. LEXIS 5315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-futch-nyappdiv-1973.