People v. Maybusher

Appellate Division of the Supreme Court of New York

People v. Maybusher

25 A.D.2d 784, 269 N.Y.S.2d 557, 1966 N.Y. App. Div. LEXIS 4451

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

DecidedApril 25, 1966

StatusPublished

This text of 25 A.D.2d 784 (People v. Maybusher) 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. Maybusher, 25 A.D.2d 784, 269 N.Y.S.2d 557, 1966 N.Y. App. Div. LEXIS 4451 (N.Y. Ct. App. 1966).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 26, 1964, upon resentence, convicting, him of robbery in the third degree, upon his plea of guilty, and resentencing him. Judgment modified on the law and the facts and in the exercise of discretion, so as to provide that defendant be committed “to the department reception center [at Elmira Reformatory],” pursuant to section 61 of the Correction Law, as of July 27, 1964. As so modified, judgment affirmed. Defendant was originally sentenced on July 27, 1964 to a term of net less than 5 nor more than 10 years in State Prison. It was subsequently ascertained that he was not yet 21 years of age at the time of sentence. When resentenced on August 26, 1964, he had reached the age of 21 years. The error in the original sentence and the delay in resentencing should not deprive him of the treatment the law required that he receive had he been sentenced correctly on July 27, 1964. The resentence should have been made nwnc pro time as of July 27, 1964.

Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 26, 1964, upon resentence, convicting, him of robbery in the third degree, upon his plea of guilty, and resentencing him. Judgment modified on the law and the facts and in the exercise of discretion, so as to provide that defendant be committed “to the department reception center [at Elmira Reformatory],” pursuant to section 61 of the Correction Law, as of July 27, 1964. As so modified, judgment affirmed. Defendant was originally sentenced on July 27, 1964 to a term of net less than 5 nor more than 10 years in State Prison. It was subsequently ascertained that he was not yet 21 years of age at the time of sentence. When resentenced on August 26, 1964, he had reached the age of 21 years. The error in the original sentence and the delay in resentencing should not deprive him of the treatment the law required that he receive had he been sentenced correctly on July 27, 1964. The resentence should have been made nwnc pro time as of July 27, 1964.

Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

25 A.D.2d 784, 269 N.Y.S.2d 557, 1966 N.Y. App. Div. LEXIS 4451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-maybusher-nyappdiv-1966.