People v. Newton

Appellate Division of the Supreme Court of New York

People v. Newton

33 A.D.2d 920, 308 N.Y.S.2d 301, 1970 N.Y. App. Div. LEXIS 5715

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

DecidedJanuary 19, 1970

StatusPublished

This text of 33 A.D.2d 920 (People v. Newton) 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. Newton, 33 A.D.2d 920, 308 N.Y.S.2d 301, 1970 N.Y. App. Div. LEXIS 5715 (N.Y. Ct. App. 1970).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated January 23, 1968, which, after a hearing, denied the application. 'Order reversed, on the law and the facts, and case remitted to the Criminal Term with ,the direction that defendant be resentenced nunc pro time as of February 24, 1954. We agree with the District Attorney that under the broad concept enunciated in People v. Montgomery (24 N Y 2d 130) and People v. Callaway (24 N Y 2d 127) defendant should be resentenced to enable him to prosecute an appeal from the judgment of conviction. Beldoek, P. J., Christ, Brennan, .Rabin and Hopkins, JJ., concur.

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

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated January 23, 1968, which, after a hearing, denied the application. 'Order reversed, on the law and the facts, and case remitted to the Criminal Term with ,the direction that defendant be resentenced nunc pro time as of February 24, 1954. We agree with the District Attorney that under the broad concept enunciated in People v. Montgomery (24 N Y 2d 130) and People v. Callaway (24 N Y 2d 127) defendant should be resentenced to enable him to prosecute an appeal from the judgment of conviction. Beldoek, P. J., Christ, Brennan, .Rabin and Hopkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

33 A.D.2d 920, 308 N.Y.S.2d 301, 1970 N.Y. App. Div. LEXIS 5715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-newton-nyappdiv-1970.