People v. Murchison

Appellate Division of the Supreme Court of New York

People v. Murchison

40 A.D.2d 985, 338 N.Y.S.2d 252, 1972 N.Y. App. Div. LEXIS 3206

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

DecidedDecember 4, 1972

StatusPublished

This text of 40 A.D.2d 985 (People v. Murchison) 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. Murchison, 40 A.D.2d 985, 338 N.Y.S.2d 252, 1972 N.Y. App. Div. LEXIS 3206 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 30, 1970, convicting him of robbery in the first degree and other crimes, upon a jury verdict, and sentencing him to concurrent indeterminate prison terms. Judgment reversed, on the law, to the extent of vacating the sentences and remanding the case to the Criminal Term for resentencing in conformity with sections 207 and 208 of the Mental Hygiene Law. At the trial and upon arraignment for judgment, defendant indicated that he was a narcotic addict. Nevertheless, the sentencing court did not order an examination as required by sections 207 and 208 of .the Mental Hygiene Law and, hence, though we would otherwise affirm the judgment, it is reversed solely for the purpose of resentencing defendant in accordance with the statutorily mandated procedure (People v. Crafton, 31 N Y 2d 828; People v. Batson, 39 A D 2d 586; People v. Sczerbaty, 37 A D 2d 428). Rabin, P. J., Hopkins, Munder, Martuscello and Shapiro, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 30, 1970, convicting him of robbery in the first degree and other crimes, upon a jury verdict, and sentencing him to concurrent indeterminate prison terms. Judgment reversed, on the law, to the extent of vacating the sentences and remanding the case to the Criminal Term for resentencing in conformity with sections 207 and 208 of the Mental Hygiene Law. At the trial and upon arraignment for judgment, defendant indicated that he was a narcotic addict. Nevertheless, the sentencing court did not order an examination as required by sections 207 and 208 of .the Mental Hygiene Law and, hence, though we would otherwise affirm the judgment, it is reversed solely for the purpose of resentencing defendant in accordance with the statutorily mandated procedure (People v. Crafton, 31 N Y 2d 828; People v. Batson, 39 A D 2d 586; People v. Sczerbaty, 37 A D 2d 428). Rabin, P. J., Hopkins, Munder, Martuscello and Shapiro, JJ., concur.

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Bluebook (online)

40 A.D.2d 985, 338 N.Y.S.2d 252, 1972 N.Y. App. Div. LEXIS 3206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-murchison-nyappdiv-1972.