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People v. Howlett

76 Misc. 2d 801, 351 N.Y.S.2d 289, 1973 N.Y. Misc. LEXIS 1581
CourtAppellate Terms of the Supreme Court of New York
DecidedDecember 17, 1973
StatusPublished
Cited by11 cases

This text of 76 Misc. 2d 801 (People v. Howlett) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Howlett, 76 Misc. 2d 801, 351 N.Y.S.2d 289, 1973 N.Y. Misc. LEXIS 1581 (N.Y. Ct. App. 1973).

Opinion

Per Curiam.

Defendant was entitled to a trial by jury on a charge of resisting arrest (Penal Law, § 205.30). It was error to reduce the charge, on the People’s motion, to a hypothetical charge of attempted resisting arrest (Penal Law, §§ 110.00, 205.30) which deprived him of the right to a jury, in violation of due process of law. The conviction on the reduced charge should therefore, be reversed.

Inasmuch as the sentence imposed a period of probation of three years on the conviction for both attempted resisting arrest and harassment, the case should be remanded for resentence on the conviction of harassment.

Judgment modified to the extent of reversing on the law so much thereof as convicted defendant of attempted resisting arrest, and dismissing the complaint on that charge, and reversing the judgment of conviction for harassment on the law as to the sentence and remanding the case for resentence, and, as modified, affirmed,

Concur — Quinn, J. P., Lupiano and Fine, JJ.

Judgment modified, etc.

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Cite This Page — Counsel Stack

Bluebook (online)
76 Misc. 2d 801, 351 N.Y.S.2d 289, 1973 N.Y. Misc. LEXIS 1581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-howlett-nyappterm-1973.