People v. Littlejohn

Appellate Division of the Supreme Court of New York

People v. Littlejohn

40 A.D.2d 633, 336 N.Y.S.2d 111, 1972 N.Y. App. Div. LEXIS 3808

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

DecidedOctober 2, 1972

StatusPublished

This text of 40 A.D.2d 633 (People v. Littlejohn) 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. Littlejohn, 40 A.D.2d 633, 336 N.Y.S.2d 111, 1972 N.Y. App. Div. LEXIS 3808 (N.Y. Ct. App. 1972).

Pincite

Opinion

Judgment, Supreme Court, New York County, rendered on July 6, 1971, convicting defendant, upon his plea of guilty, as a youthful offender, and sentencing him to a reformatory term not to exceed three years, unanimously reversed, on the law, and the case remanded for resentencing in accordance with the procedures mandated by sections 207, 208 and 209 of the Mental Hygiene Law. Defendant was originally charged with a felony but permitted to plead guilty to being a youthful offender to cover a charge of attempted grand larceny in the third degree, as class A misdemeanor. Since the court below was advised that defendant was a user of drugs, imposition of sentence should have been withheld until the required medical examination was given and a report thereon received. (People v. Carter, 39 A D 2d 537.) Unlike situations involving felony convictions where a sentencing Judge has the discretionary power to impose a sentence of imprisonment, a person convicted of a misdemeanor or adjudicated as a youthful offender who is determined to be a narcotic addict must be certified to the care and custody of the Narcotics Addiction Control Commission. Concur — Stevens, P. J., McGivern, Nunez, Murphy and McNally, JJ.

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Judgment, Supreme Court, New York County, rendered on July 6, 1971, convicting defendant, upon his plea of guilty, as a youthful offender, and sentencing him to a reformatory term not to exceed three years, unanimously reversed, on the law, and the case remanded for resentencing in accordance with the procedures mandated by sections 207, 208 and 209 of the Mental Hygiene Law. Defendant was originally charged with a felony but permitted to plead guilty to being a youthful offender to cover a charge of attempted grand larceny in the third degree, as class A misdemeanor. Since the court below was advised that defendant was a user of drugs, imposition of sentence should have been withheld until the required medical examination was given and a report thereon received. (People v. Carter, 39 A D 2d 537.) Unlike situations involving felony convictions where a sentencing Judge has the discretionary power to impose a sentence of imprisonment, a person convicted of a misdemeanor or adjudicated as a youthful offender who is determined to be a narcotic addict must be certified to the care and custody of the Narcotics Addiction Control Commission. Concur — Stevens, P. J., McGivern, Nunez, Murphy and McNally, JJ.

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Bluebook (online)

40 A.D.2d 633, 336 N.Y.S.2d 111, 1972 N.Y. App. Div. LEXIS 3808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-littlejohn-nyappdiv-1972.