People v. Price

Appellate Division of the Supreme Court of New York

People v. Price

40 A.D.2d 690, 336 N.Y.S.2d 396, 1972 N.Y. App. Div. LEXIS 3792

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

DecidedOctober 10, 1972

StatusPublished

This text of 40 A.D.2d 690 (People v. Price) 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. Price, 40 A.D.2d 690, 336 N.Y.S.2d 396, 1972 N.Y. App. Div. LEXIS 3792 (N.Y. Ct. App. 1972).

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Opinion

Appeal by defendant from an order of the Supreme Court, Kings County, dated December 14, 1970, which denied his motion for resentence, without a hearing. Appeal dismissed. This appeal was taken prior to the effective date of the Criminal Procedure Law. Consequently, GPL 450.15 (suhd. 2), which provides that an order denying a motion by a defendant to set aside- a sentence other than one of death is appealable by permission, is not applicable to this appeal (CPL 1.10, subd. 2, par. [b]). Under the law in effect prior to the effective date of the Criminal Procedure Law, no appeal lay from an order denying a motion for resentence (see People v. Lauritsch, 35 A D 2d 961). Accordingly, this appeal must be dismissed. We have, nevertheless, considered the merits, and, if the appeal were properly before us, we would affirm the order. Rabin, P. J., Hopkins, Martuscello, Latham and Benjamin, JJ., concur.

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Appeal by defendant from an order of the Supreme Court, Kings County, dated December 14, 1970, which denied his motion for resentence, without a hearing. Appeal dismissed. This appeal was taken prior to the effective date of the Criminal Procedure Law. Consequently, GPL 450.15 (suhd. 2), which provides that an order denying a motion by a defendant to set aside- a sentence other than one of death is appealable by permission, is not applicable to this appeal (CPL 1.10, subd. 2, par. [b]). Under the law in effect prior to the effective date of the Criminal Procedure Law, no appeal lay from an order denying a motion for resentence (see People v. Lauritsch, 35 A D 2d 961). Accordingly, this appeal must be dismissed. We have, nevertheless, considered the merits, and, if the appeal were properly before us, we would affirm the order. Rabin, P. J., Hopkins, Martuscello, Latham and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 690, 336 N.Y.S.2d 396, 1972 N.Y. App. Div. LEXIS 3792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-price-nyappdiv-1972.