People v. Ojeda

Appellate Division of the Supreme Court of New York

People v. Ojeda

39 A.D.2d 520, 330 N.Y.S.2d 1011, 1972 N.Y. App. Div. LEXIS 4965

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

DecidedApril 11, 1972

StatusPublished

This text of 39 A.D.2d 520 (People v. Ojeda) 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. Ojeda, 39 A.D.2d 520, 330 N.Y.S.2d 1011, 1972 N.Y. App. Div. LEXIS 4965 (N.Y. Ct. App. 1972).

Pincite

Opinion

Judgment, Supreme Court, New York County rendered on September 18, 1970, revoking probation of defendant upon his conviction of unlawfully entering a building and petit larceny, and resentencing him to one year’s imprisonment, unanimously reversed and vacated, on the law, and the original sentences reinstated. With the consent of and the concurrence of the District Attorney, it can now be recognized that the court below could not properly resentence defendant upon his plea to unlawful entry, as he had already been sentenced to time served and discharged; similarly, in respect of petit larceny, the court lacked jurisdiction to revoke probation after the period of probation had expired. Concur—• Stevens, P. J., McGivern, Nunez, Kupferman and Murphy, JJ.

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

Judgment, Supreme Court, New York County rendered on September 18, 1970, revoking probation of defendant upon his conviction of unlawfully entering a building and petit larceny, and resentencing him to one year’s imprisonment, unanimously reversed and vacated, on the law, and the original sentences reinstated. With the consent of and the concurrence of the District Attorney, it can now be recognized that the court below could not properly resentence defendant upon his plea to unlawful entry, as he had already been sentenced to time served and discharged; similarly, in respect of petit larceny, the court lacked jurisdiction to revoke probation after the period of probation had expired. Concur—• Stevens, P. J., McGivern, Nunez, Kupferman and Murphy, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

39 A.D.2d 520, 330 N.Y.S.2d 1011, 1972 N.Y. App. Div. LEXIS 4965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ojeda-nyappdiv-1972.