People v. Petrocelli

Appellate Division of the Supreme Court of New York

People v. Petrocelli

232 A.D.2d 661, 648 N.Y.S.2d 992, 1996 N.Y. App. Div. LEXIS 11285

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

DecidedOctober 28, 1996

StatusPublished

Cited by2 cases

This text of 232 A.D.2d 661 (People v. Petrocelli) 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. Petrocelli, 232 A.D.2d 661, 648 N.Y.S.2d 992, 1996 N.Y. App. Div. LEXIS 11285 (N.Y. Ct. App. 1996).

Pincite

Opinion

—Appeal by the defendant, by permission, from (1) an order of the Supreme Court, Kings County (Owens, J.), entered June 8, 1993, which [662]*662denied his motion to vacate a judgment of conviction of the County Court, Kings County (Barshay, J.), rendered February 14, 1961, convicting him of robbery in the third degree under Indictment No. 3703/60, upon his plea of guilty, and imposing sentence, and (2) an order of the same court, also entered June 8, 1993, which denied his motion for leave to renew.

Ordered that the order denying the motion for leave to renew is reversed, on the law, the motion for leave to renew is granted, and upon renewal, the order denying the motion to vacate the defendant’s judgment of conviction is vacated, the motion to vacate the defendant’s judgment of conviction is granted, the judgment rendered February 14, 1961, is vacated, and Indictment No. 3703/60 is dismissed.

In support of his motion to vacate his judgment of conviction, the defendant alleged a legal basis for the motion supported by sworn allegations of fact which were conceded by the People to be true. Consequently, the Supreme Court should have granted the defendant’s motion (see, CPL 440.30 [3]). Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.

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

—Appeal by the defendant, by permission, from (1) an order of the Supreme Court, Kings County (Owens, J.), entered June 8, 1993, which [662]*662denied his motion to vacate a judgment of conviction of the County Court, Kings County (Barshay, J.), rendered February 14, 1961, convicting him of robbery in the third degree under Indictment No. 3703/60, upon his plea of guilty, and imposing sentence, and (2) an order of the same court, also entered June 8, 1993, which denied his motion for leave to renew.

Ordered that the order denying the motion for leave to renew is reversed, on the law, the motion for leave to renew is granted, and upon renewal, the order denying the motion to vacate the defendant’s judgment of conviction is vacated, the motion to vacate the defendant’s judgment of conviction is granted, the judgment rendered February 14, 1961, is vacated, and Indictment No. 3703/60 is dismissed.

In support of his motion to vacate his judgment of conviction, the defendant alleged a legal basis for the motion supported by sworn allegations of fact which were conceded by the People to be true. Consequently, the Supreme Court should have granted the defendant’s motion (see, CPL 440.30 [3]). Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

232 A.D.2d 661, 648 N.Y.S.2d 992, 1996 N.Y. App. Div. LEXIS 11285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-petrocelli-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack