People v. Machado

Appellate Division of the Supreme Court of New York

People v. Machado

23 A.D.2d 690, 257 N.Y.S.2d 697, 1965 N.Y. App. Div. LEXIS 4618

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

DecidedMarch 22, 1965

StatusPublished

This text of 23 A.D.2d 690 (People v. Machado) 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. Machado, 23 A.D.2d 690, 257 N.Y.S.2d 697, 1965 N.Y. App. Div. LEXIS 4618 (N.Y. Ct. App. 1965).

Pincite

Opinion

Appeal by defendant from an order of the Supreme Court, Queens County, entered October 5, 1964, which denied without a hearing Ms application to vacate Ms prior sentence as a second felony offender, and 'to be resentenced as a first felony offender. Appeal dismissed. An order denying such an application is not appealable (Code Grim. Pro., § 517). However, we have examined the record and have considered defendant’s contentions; and, if we did not dismiss the appeal, we would have affirmed the order in any event. (For prior related decisions, see 18 A D 2d 1103 and 34 Mise 2d 408.) Ughetta, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.

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Appeal by defendant from an order of the Supreme Court, Queens County, entered October 5, 1964, which denied without a hearing Ms application to vacate Ms prior sentence as a second felony offender, and 'to be resentenced as a first felony offender. Appeal dismissed. An order denying such an application is not appealable (Code Grim. Pro., § 517). However, we have examined the record and have considered defendant’s contentions; and, if we did not dismiss the appeal, we would have affirmed the order in any event. (For prior related decisions, see 18 A D 2d 1103 and 34 Mise 2d 408.) Ughetta, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.

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Bluebook (online)

23 A.D.2d 690, 257 N.Y.S.2d 697, 1965 N.Y. App. Div. LEXIS 4618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-machado-nyappdiv-1965.