People v. Passanante

Appellate Division of the Supreme Court of New York

People v. Passanante

43 A.D.2d 745, 350 N.Y.S.2d 722, 1973 N.Y. App. Div. LEXIS 2810

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

DecidedDecember 31, 1973

StatusPublished

This text of 43 A.D.2d 745 (People v. Passanante) 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. Passanante, 43 A.D.2d 745, 350 N.Y.S.2d 722, 1973 N.Y. App. Div. LEXIS 2810 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal by defendant (by permission) from two orders of the 'Supreme Court, Queens County, dated October 21, 1971 and May 18, 1972, respectively, each of which denied a separate application in coram nobis to vacate a judgment of conviction rendered by said court on May 14, 1971. Orders reversed, coram nobis applications granted to the extent that the sentence imposed on May 14, 1971 is vacated, and the case is remanded to the Criminal Term for resentence. It is undisputed that at the time of the sentence defendant was a narcotic addict; that the Narcotic Addiction Control Commission was not then accepting criminal defendants (former Mental Hygiene Law, § 208); and that the sentencing court wanted to commit defendant to the commission’s program. Under these circumstances, it seems uncontestable that if the commission facilities had been available at the time of sentence defendant -would have been certified thereto. Accordingly, defendant should be resentenced (People v. Goldenberg, 40 A D 2d 613). Latham, Acting P. J., Shapiro, Grulotta, Christ and Benjamin, JJ., concur.

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Appeal by defendant (by permission) from two orders of the 'Supreme Court, Queens County, dated October 21, 1971 and May 18, 1972, respectively, each of which denied a separate application in coram nobis to vacate a judgment of conviction rendered by said court on May 14, 1971. Orders reversed, coram nobis applications granted to the extent that the sentence imposed on May 14, 1971 is vacated, and the case is remanded to the Criminal Term for resentence. It is undisputed that at the time of the sentence defendant was a narcotic addict; that the Narcotic Addiction Control Commission was not then accepting criminal defendants (former Mental Hygiene Law, § 208); and that the sentencing court wanted to commit defendant to the commission’s program. Under these circumstances, it seems uncontestable that if the commission facilities had been available at the time of sentence defendant -would have been certified thereto. Accordingly, defendant should be resentenced (People v. Goldenberg, 40 A D 2d 613). Latham, Acting P. J., Shapiro, Grulotta, Christ and Benjamin, JJ., concur.

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Bluebook (online)

43 A.D.2d 745, 350 N.Y.S.2d 722, 1973 N.Y. App. Div. LEXIS 2810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-passanante-nyappdiv-1973.