People v. Jackson

Appellate Division of the Supreme Court of New York

People v. Jackson

40 A.D.2d 1037, 339 N.Y.S.2d 135, 1972 N.Y. App. Div. LEXIS 2957

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

DecidedDecember 29, 1972

StatusPublished

Cited by1 cases

This text of 40 A.D.2d 1037 (People v. Jackson) 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. Jackson, 40 A.D.2d 1037, 339 N.Y.S.2d 135, 1972 N.Y. App. Div. LEXIS 2957 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by defendant from an amended judgment of the Supreme Court, Kings County, rendered May 4, 1971, convicting him of attempted criminal possession of a dangerous drug in the fourth degree, upon a plea of guilty, revoking his previously granted probation and resentencing him to an indeterminate term of imprisonment not to exceed four years. [1038]*1038Amended judgment reversed as to the sentence, on the law, and otherwise affirmed, and ease remitted to the Criminal Term for resentence in accordance with sections 207 and 208 of the Mental Hygiene Law. Defendant was charged with a felony and appeared to be addicted to heroin (see Mental Hygiene Law, § 207). Accordingly, he could not be sentenced until there was compliance with sections 207 and 208 of the Mental Hygiene Law, which require, inter alia, that the sentencing court order a physical examination to determine if the defendant is an addict and have the report of the examination before it prior .to rendering judgment (People v. Maranez, 39 A D 2d 589, affd. 31 N Y 2d 828; People v. Batson, 39 A D 2d 586; People v. Largue, 38 A D 2d 833; People v. Sczerbaty, 37 A D 2d 428; People v. Odom; 32 A D 2d 651). Rabin, P. J., Hopkins, Munder, Martuscello and Latham, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from an amended judgment of the Supreme Court, Kings County, rendered May 4, 1971, convicting him of attempted criminal possession of a dangerous drug in the fourth degree, upon a plea of guilty, revoking his previously granted probation and resentencing him to an indeterminate term of imprisonment not to exceed four years. [1038]*1038Amended judgment reversed as to the sentence, on the law, and otherwise affirmed, and ease remitted to the Criminal Term for resentence in accordance with sections 207 and 208 of the Mental Hygiene Law. Defendant was charged with a felony and appeared to be addicted to heroin (see Mental Hygiene Law, § 207). Accordingly, he could not be sentenced until there was compliance with sections 207 and 208 of the Mental Hygiene Law, which require, inter alia, that the sentencing court order a physical examination to determine if the defendant is an addict and have the report of the examination before it prior .to rendering judgment (People v. Maranez, 39 A D 2d 589, affd. 31 N Y 2d 828; People v. Batson, 39 A D 2d 586; People v. Largue, 38 A D 2d 833; People v. Sczerbaty, 37 A D 2d 428; People v. Odom; 32 A D 2d 651). Rabin, P. J., Hopkins, Munder, Martuscello and Latham, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

40 A.D.2d 1037, 339 N.Y.S.2d 135, 1972 N.Y. App. Div. LEXIS 2957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jackson-nyappdiv-1972.

Opinion

Related

Cite This Page — Counsel Stack