People v. Granata

Appellate Division of the Supreme Court of New York

People v. Granata

79 A.D.2d 864, 436 N.Y.S.2d 1018, 1980 N.Y. App. Div. LEXIS 14279

Appellate Division of the Supreme Court of the State of New York·Decided December 12, 1980·Published

Opinion

Judgment, insofar as it sentences defendant, unanimously reversed, on the law, and defendant remanded to Niagara County Court for resentencing, and otherwise judgment affirmed. Memorandum: The record discloses that the court failed to set forth any reason for imposing a minimum sentence as mandated by section 70.00 (subd 3, par [b]) of the Penal Law. Accordingly, we remit for resentencing (see People v Wright, 40 AD2d 940). (Appeal from judgment of Niagara County Court—manslaughter, first degree.) Present—Simons, J. P., Hancock, Jr., Schnepp, Callahan and Moule, JJ.

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Judgment, insofar as it sentences defendant, unanimously reversed, on the law, and defendant remanded to Niagara County Court for resentencing, and otherwise judgment affirmed. Memorandum: The record discloses that the court failed to set forth any reason for imposing a minimum sentence as mandated by section 70.00 (subd 3, par [b]) of the Penal Law. Accordingly, we remit for resentencing (see People v Wright, 40 AD2d 940). (Appeal from judgment of Niagara County Court—manslaughter, first degree.) Present—Simons, J. P., Hancock, Jr., Schnepp, Callahan and Moule, JJ.

People v. Granata, 79 A.D.2d 864, 436 N.Y.S.2d 1018, 1980 N.Y. App. Div. LEXIS 14279 (N.Y. Ct. App. 1980).

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