People v. Leff

Appellate Division of the Supreme Court of New York

People v. Leff

56 A.D.2d 753, 391 N.Y.S.2d 1009, 1977 N.Y. App. Div. LEXIS 11003

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

DecidedMarch 3, 1977

StatusPublished

Cited by1 cases

This text of 56 A.D.2d 753 (People v. Leff) 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. Leff, 56 A.D.2d 753, 391 N.Y.S.2d 1009, 1977 N.Y. App. Div. LEXIS 11003 (N.Y. Ct. App. 1977).

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Opinion

Judgment of conviction, Supreme Court, New York County, rendered April 26, 1976, unanimously affirmed. On the argument, questions were asked by members of the court concerning a subject not raised by the briefs: whether the indictment should have been dismissed in the interest of justice. We find that, though there were some aborted proceedings below, there is no reviewable record on this issue. This determination is therefore without prejudice, should appellant be so advised, to a motion for permission to withdraw the plea of guilty and move for that relief before the sentencing court so that an appropriate record may be developed. (See People v Clayton, 41 AD2d 204; CPL 210.40, 210.45.) By this disposition we indicate no opinion on these subjects. Concur—Lupiano, Birns, Capozzoli and Markewich, JJ.; Stevens, P. J., concurs in the result only.

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Judgment of conviction, Supreme Court, New York County, rendered April 26, 1976, unanimously affirmed. On the argument, questions were asked by members of the court concerning a subject not raised by the briefs: whether the indictment should have been dismissed in the interest of justice. We find that, though there were some aborted proceedings below, there is no reviewable record on this issue. This determination is therefore without prejudice, should appellant be so advised, to a motion for permission to withdraw the plea of guilty and move for that relief before the sentencing court so that an appropriate record may be developed. (See People v Clayton, 41 AD2d 204; CPL 210.40, 210.45.) By this disposition we indicate no opinion on these subjects. Concur—Lupiano, Birns, Capozzoli and Markewich, JJ.; Stevens, P. J., concurs in the result only.

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Bluebook (online)

56 A.D.2d 753, 391 N.Y.S.2d 1009, 1977 N.Y. App. Div. LEXIS 11003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leff-nyappdiv-1977.

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