People v. Mistretta

Appellate Division of the Supreme Court of New York

People v. Mistretta

37 A.D.2d 999, 327 N.Y.S.2d 842, 1971 N.Y. App. Div. LEXIS 2925

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

DecidedNovember 29, 1971

StatusPublished

This text of 37 A.D.2d 999 (People v. Mistretta) 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. Mistretta, 37 A.D.2d 999, 327 N.Y.S.2d 842, 1971 N.Y. App. Div. LEXIS 2925 (N.Y. Ct. App. 1971).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Nassau County, rendered February 8, 1971 on resentence, convicting him of selling a dangerous drug in the fourth degree, upon a guilty plea, and sentencing him to an indeterminate term with a maximum of seven years. Judgment modified, in the interests of justice, by altering the sentence imposed to a reformatory sentence. As so modified, judgment affirmed. Under the circumstances of this case the sentencing court should have submitted defendant to the rehabilitation process implied in a reformatory sentence. Rabin, P. J., Latham, Shapiro, Gulotta and Brennan, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Nassau County, rendered February 8, 1971 on resentence, convicting him of selling a dangerous drug in the fourth degree, upon a guilty plea, and sentencing him to an indeterminate term with a maximum of seven years. Judgment modified, in the interests of justice, by altering the sentence imposed to a reformatory sentence. As so modified, judgment affirmed. Under the circumstances of this case the sentencing court should have submitted defendant to the rehabilitation process implied in a reformatory sentence. Rabin, P. J., Latham, Shapiro, Gulotta and Brennan, JJ., concur.

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Bluebook (online)

37 A.D.2d 999, 327 N.Y.S.2d 842, 1971 N.Y. App. Div. LEXIS 2925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mistretta-nyappdiv-1971.