People v. Healey

Appellate Division of the Supreme Court of New York

People v. Healey

46 A.D.2d 691, 360 N.Y.S.2d 440, 1974 N.Y. App. Div. LEXIS 3822

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

DecidedOctober 28, 1974

StatusPublished

Cited by2 cases

This text of 46 A.D.2d 691 (People v. Healey) 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. Healey, 46 A.D.2d 691, 360 N.Y.S.2d 440, 1974 N.Y. App. Div. LEXIS 3822 (N.Y. Ct. App. 1974).

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Opinion

Appeal by defendant from a judgment of the County Court, Orange County, rendered May 24, 1973, convicting him of criminal possession of stolen property in the first degree, upon a jury verdict, and sentencing him to an indeterminate prison term of a minimum of two years and four months and a maximum of seven years. Judgment modified, on the law, by vacating the sentence and case remanded to the County Court, Orange County, for resentence in compliance with section 70.00 (subd. 3, par. [b]) of the Penal Law. As so modified, judgment affirmed. The facts have been considered and are determined to have been establishd. The record discloses that the sentencing court failed to set forth its reasons for imposing a minimum sentence as is mandated by section 70.00 (subd. 3, par. [b]) of the Penal Law. Accordingly, defendant should be resentenced (see People v. Lynch, 28 H Y 2d 524; People v. Wright, 40 A D 2d 940; People v. Smith, 46 A D 2d 692). Martuscello, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Orange County, rendered May 24, 1973, convicting him of criminal possession of stolen property in the first degree, upon a jury verdict, and sentencing him to an indeterminate prison term of a minimum of two years and four months and a maximum of seven years. Judgment modified, on the law, by vacating the sentence and case remanded to the County Court, Orange County, for resentence in compliance with section 70.00 (subd. 3, par. [b]) of the Penal Law. As so modified, judgment affirmed. The facts have been considered and are determined to have been establishd. The record discloses that the sentencing court failed to set forth its reasons for imposing a minimum sentence as is mandated by section 70.00 (subd. 3, par. [b]) of the Penal Law. Accordingly, defendant should be resentenced (see People v. Lynch, 28 H Y 2d 524; People v. Wright, 40 A D 2d 940; People v. Smith, 46 A D 2d 692). Martuscello, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.

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Bluebook (online)

46 A.D.2d 691, 360 N.Y.S.2d 440, 1974 N.Y. App. Div. LEXIS 3822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-healey-nyappdiv-1974.

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