People v. Robbins

Appellate Division of the Supreme Court of New York

People v. Robbins

47 A.D.2d 933, 367 N.Y.S.2d 75, 1975 N.Y. App. Div. LEXIS 9388

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

DecidedApril 21, 1975

StatusPublished

This text of 47 A.D.2d 933 (People v. Robbins) 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. Robbins, 47 A.D.2d 933, 367 N.Y.S.2d 75, 1975 N.Y. App. Div. LEXIS 9388 (N.Y. Ct. App. 1975).

Pincite

Opinion

Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County, imposed March 12, 1973, upon his conviction of robbery in the second degree, on his plea of guilty, the sentence being an indeterminate prison term not to exceed seven years. Sentence reversed, on the law, and case remitted to the Criminal Term for resentencing. The sentencing court did not grant defendant an opportunity to be heard before sentencing as required by CPL 380.50. We must remit the case so that defendant may be resentenced after the sentencing court complies with this section (cf. People v McClain, 35 NY2d 483). In addition, we find no basis in the record for refusing to commit defendant to the Drug Abuse Control Commission (DACC) or to accord him youthful offender treatment. If the court, upon resentence, should determine that youthful offender treatment or a DACC commitment is inappropriate, it shall set forth the reasons therefor on the record. Hopkins, Acting P. J., Martuscello, Cohalan, Brennan and Shapiro, JJ., concur.

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Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County, imposed March 12, 1973, upon his conviction of robbery in the second degree, on his plea of guilty, the sentence being an indeterminate prison term not to exceed seven years. Sentence reversed, on the law, and case remitted to the Criminal Term for resentencing. The sentencing court did not grant defendant an opportunity to be heard before sentencing as required by CPL 380.50. We must remit the case so that defendant may be resentenced after the sentencing court complies with this section (cf. People v McClain, 35 NY2d 483). In addition, we find no basis in the record for refusing to commit defendant to the Drug Abuse Control Commission (DACC) or to accord him youthful offender treatment. If the court, upon resentence, should determine that youthful offender treatment or a DACC commitment is inappropriate, it shall set forth the reasons therefor on the record. Hopkins, Acting P. J., Martuscello, Cohalan, Brennan and Shapiro, JJ., concur.

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Bluebook (online)

47 A.D.2d 933, 367 N.Y.S.2d 75, 1975 N.Y. App. Div. LEXIS 9388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-robbins-nyappdiv-1975.

Opinion

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