People v. Porter

Appellate Division of the Supreme Court of New York

People v. Porter

42 A.D.2d 1048, 348 N.Y.S.2d 636, 1973 N.Y. App. Div. LEXIS 3371

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

DecidedOctober 31, 1973

StatusPublished

This text of 42 A.D.2d 1048 (People v. Porter) 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. Porter, 42 A.D.2d 1048, 348 N.Y.S.2d 636, 1973 N.Y. App. Div. LEXIS 3371 (N.Y. Ct. App. 1973).

Pincite

Opinion

Judgment insofar as it imposes sentence unanimously reversed on the law and otherwise affirmed and ease remitted to Erie County Court for resentence. Memorandum: We find that there was an understanding acceptance and consent by the defendant to the plea of guilty to a violation of probation entered on his behalf by his attorney. However the sentence of one year in the Erie County Penitentiary was not an authorized disposition, upon a misdemeanor conviction, under section 60.15 of the Penal Law and a sentence in conformance therewith should be imposed. (Appeal from judgment [1049]*1049of Erie County Court convicting defendant of violation of probation.) Present — Goldman, P. J., Del Vecchio, Marsh, Witmer and Moule, JJ.

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Judgment insofar as it imposes sentence unanimously reversed on the law and otherwise affirmed and ease remitted to Erie County Court for resentence. Memorandum: We find that there was an understanding acceptance and consent by the defendant to the plea of guilty to a violation of probation entered on his behalf by his attorney. However the sentence of one year in the Erie County Penitentiary was not an authorized disposition, upon a misdemeanor conviction, under section 60.15 of the Penal Law and a sentence in conformance therewith should be imposed. (Appeal from judgment [1049]*1049of Erie County Court convicting defendant of violation of probation.) Present — Goldman, P. J., Del Vecchio, Marsh, Witmer and Moule, JJ.

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Bluebook (online)

42 A.D.2d 1048, 348 N.Y.S.2d 636, 1973 N.Y. App. Div. LEXIS 3371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-porter-nyappdiv-1973.