People v. Nieves

Appellate Division of the Supreme Court of New York

People v. Nieves

75 A.D.2d 858, 428 N.Y.S.2d 1005, 1980 N.Y. App. Div. LEXIS 11477

Procedural entryThis page is a short order in People v. Nieves. Read the opinion of the Court — 92 A.D.2d 837 →

Appellate Division of the Supreme Court of the State of New York·Decided May 12, 1980·Published

Opinion

Appeal by defendant, as limited by his brief, from an amended sentence of the Supreme Court, Kings County, imposed November 1, 1977, which revoked probation and resentenced him to an indeterminate term of imprisonment with a maximum of seven years. Amended sentence reversed, as a matter of discretion in the interest of justice, and matter remitted to Criminal Term for further proceedings consistent herewith. As the District Attorney candidly concedes the matter must be remitted to Criminal Term for resentencing due to the failure of the sentencing court to accord the defendant his rights pursuant to CPL 380.50. Hopkins, J. P., Titone, Mangano and Rabin, JJ., concur.

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Appeal by defendant, as limited by his brief, from an amended sentence of the Supreme Court, Kings County, imposed November 1, 1977, which revoked probation and resentenced him to an indeterminate term of imprisonment with a maximum of seven years. Amended sentence reversed, as a matter of discretion in the interest of justice, and matter remitted to Criminal Term for further proceedings consistent herewith. As the District Attorney candidly concedes the matter must be remitted to Criminal Term for resentencing due to the failure of the sentencing court to accord the defendant his rights pursuant to CPL 380.50. Hopkins, J. P., Titone, Mangano and Rabin, JJ., concur.

People v. Nieves, 75 A.D.2d 858, 428 N.Y.S.2d 1005, 1980 N.Y. App. Div. LEXIS 11477 (N.Y. Ct. App. 1980).

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