People v. Lawson

Appellate Division of the Supreme Court of New York

People v. Lawson

61 A.D.2d 1129, 402 N.Y.S.2d 1021, 1978 N.Y. App. Div. LEXIS 10819

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

DecidedMarch 1, 1978

StatusPublished

This text of 61 A.D.2d 1129 (People v. Lawson) 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. Lawson, 61 A.D.2d 1129, 402 N.Y.S.2d 1021, 1978 N.Y. App. Div. LEXIS 10819 (N.Y. Ct. App. 1978).

Pincite

Opinion

Judgment insofar as it imposes sentence unanimously reversed and defendant remanded to Monroe County Court for resentencing. Memorandum: At the time of sentencing, after her conviction based on a plea of guilty to the criminal sale of a controlled substance in the third degree (Penal Law, § 220.39), defendant challenged the constitutionality of CPL 720.10 (subd 2, par [a]) which precluded otherwise eligible youths from consideration for youthful offender treatment if the crime with which they were charged was a class A felony. Defendant’s constitutional objection was rejected; youthful offender status was denied; and the court sentenced the defendant to the mandatory indeterminate term of imprisonment having a minimum period of one year and a maximum of life. Commendably, the District Attorney has conceded that under People v Drummond (40 NY2d 990), the court was in error. Accordingly, the sentence must be reversed, and defendant remanded for consideration of youthful offender status. (Appeal from judgment of Monroe County Court, convicting defendant of criminal sale of a controlled substance, third degree.) Present—Marsh, P. J., Dillon, Hancock, Jr., Denman and Witmer, JJ.

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Judgment insofar as it imposes sentence unanimously reversed and defendant remanded to Monroe County Court for resentencing. Memorandum: At the time of sentencing, after her conviction based on a plea of guilty to the criminal sale of a controlled substance in the third degree (Penal Law, § 220.39), defendant challenged the constitutionality of CPL 720.10 (subd 2, par [a]) which precluded otherwise eligible youths from consideration for youthful offender treatment if the crime with which they were charged was a class A felony. Defendant’s constitutional objection was rejected; youthful offender status was denied; and the court sentenced the defendant to the mandatory indeterminate term of imprisonment having a minimum period of one year and a maximum of life. Commendably, the District Attorney has conceded that under People v Drummond (40 NY2d 990), the court was in error. Accordingly, the sentence must be reversed, and defendant remanded for consideration of youthful offender status. (Appeal from judgment of Monroe County Court, convicting defendant of criminal sale of a controlled substance, third degree.) Present—Marsh, P. J., Dillon, Hancock, Jr., Denman and Witmer, JJ.

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Bluebook (online)

61 A.D.2d 1129, 402 N.Y.S.2d 1021, 1978 N.Y. App. Div. LEXIS 10819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lawson-nyappdiv-1978.