People v. Pendergrass

Appellate Division of the Supreme Court of New York

People v. Pendergrass

40 A.D.2d 837, 337 N.Y.S.2d 362, 1972 N.Y. App. Div. LEXIS 3494

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

DecidedNovember 6, 1972

StatusPublished

This text of 40 A.D.2d 837 (People v. Pendergrass) 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. Pendergrass, 40 A.D.2d 837, 337 N.Y.S.2d 362, 1972 N.Y. App. Div. LEXIS 3494 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 2, 1971 upon resentence, on a conviction for manslaughter in the first degree, upon a guilty plea, sentencing him to a prison term of not more than 12 years. Judgment reversed as to the resentence, on the law, and ease remanded to the Criminal Term for further resentencing in conformity with sections 207 and 208 of the Mental Hygiene Law. At the time of sentencing, defendant’s counsel advised the court of defendant’s drug problem and the record indicates the Judge’s awareness of defendant’s history of drug-related offenses. The procedure outlined in the above-cited sections is mandatory and a remand for medical examination and resentence is required (People v. Sczerbaty, 37 A D 2d 428; People v. Batson, 39 A D 2d 586). The District Attorney, upon the argument of this appeal and in his brief, conceded that defendant was entitled to a further resentence. Latham, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 2, 1971 upon resentence, on a conviction for manslaughter in the first degree, upon a guilty plea, sentencing him to a prison term of not more than 12 years. Judgment reversed as to the resentence, on the law, and ease remanded to the Criminal Term for further resentencing in conformity with sections 207 and 208 of the Mental Hygiene Law. At the time of sentencing, defendant’s counsel advised the court of defendant’s drug problem and the record indicates the Judge’s awareness of defendant’s history of drug-related offenses. The procedure outlined in the above-cited sections is mandatory and a remand for medical examination and resentence is required (People v. Sczerbaty, 37 A D 2d 428; People v. Batson, 39 A D 2d 586). The District Attorney, upon the argument of this appeal and in his brief, conceded that defendant was entitled to a further resentence. Latham, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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Bluebook (online)

40 A.D.2d 837, 337 N.Y.S.2d 362, 1972 N.Y. App. Div. LEXIS 3494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pendergrass-nyappdiv-1972.