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

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

DecidedMay 12, 1980

StatusPublished

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

Pincite

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.

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Bluebook (online)

75 A.D.2d 858, 428 N.Y.S.2d 1005, 1980 N.Y. App. Div. LEXIS 11477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nieves-nyappdiv-1980.