People v. Herndon

Appellate Division of the Supreme Court of New York

People v. Herndon

41 A.D.2d 698, 342 N.Y.S.2d 1019, 1973 N.Y. App. Div. LEXIS 5009

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

DecidedFebruary 28, 1973

StatusPublished

This text of 41 A.D.2d 698 (People v. Herndon) 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. Herndon, 41 A.D.2d 698, 342 N.Y.S.2d 1019, 1973 N.Y. App. Div. LEXIS 5009 (N.Y. Ct. App. 1973).

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Opinion

Judgment insofar as it imposes, sentence unani-. mously. reversed, on the law, and matter remitted to Supreme Court, Erie County, for'resentencing in "accordance with the following Memorandum: The matter is remitted solely for--the-purpose of resentencing after , the sentencing'.court complies'with CPL 380.50. (See People ex rel. Miller v. Martin, 1 N Y 2d ,406; People ex rel. D’Agostino v. Murphy, 20 A D 2d 756.) We have considered.the appellants contention that the'.sentence was. excessive-'and. find- no. error in, that respect. '..('Appeal from judgment of' Supreme . Court,'.Erie County ■ convicting, defendant of . criminal possession.1 óf. a .forged instrument, second'' degree.) , Present ^-Goldman, P,: J., Marsh, Cardamone, Simons and Henry, JJ. • •' ■ ' ■ • ,'' ...

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Judgment insofar as it imposes, sentence unani-. mously. reversed, on the law, and matter remitted to Supreme Court, Erie County, for'resentencing in "accordance with the following Memorandum: The matter is remitted solely for--the-purpose of resentencing after , the sentencing'.court complies'with CPL 380.50. (See People ex rel. Miller v. Martin, 1 N Y 2d ,406; People ex rel. D’Agostino v. Murphy, 20 A D 2d 756.) We have considered.the appellants contention that the'.sentence was. excessive-'and. find- no. error in, that respect. '..('Appeal from judgment of' Supreme . Court,'.Erie County ■ convicting, defendant of . criminal possession.1 óf. a .forged instrument, second'' degree.) , Present ^-Goldman, P,: J., Marsh, Cardamone, Simons and Henry, JJ. • •' ■ ' ■ • ,'' ...

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Bluebook (online)

41 A.D.2d 698, 342 N.Y.S.2d 1019, 1973 N.Y. App. Div. LEXIS 5009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-herndon-nyappdiv-1973.