People v. Roscoe

Appellate Division of the Supreme Court of New York

People v. Roscoe

54 A.D.2d 1051, 390 N.Y.S.2d 218, 1976 N.Y. App. Div. LEXIS 15016

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

DecidedNovember 24, 1976

StatusPublished

Cited by1 cases

This text of 54 A.D.2d 1051 (People v. Roscoe) 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. Roscoe, 54 A.D.2d 1051, 390 N.Y.S.2d 218, 1976 N.Y. App. Div. LEXIS 15016 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a judgment of the County Court, Albany County, rendered December 4, 1975, convicting defendant upon his plea of guilty of the crimes of robbery in the first degree and unlawful imprisonment in the first degree and sentencing him to an indeterminate term of 12 tí to 25 years and 2 to 4 years, to be served concurrently. The imposition of a second felony offender sentence was fully warranted in light of defendant’s voluntary admission to a prior felony conviction (People ex rel. Ryan v Smith, 50 AD2d 1078). In any event, there was "substantial compliance” with the statutory requirements (People v Bryant, 47 AD2d 51, 63) and any alleged error was thus harmless (People v Dayter, 49 AD2d 654). Judgment affirmed. Kane, J. P., Main, Larkin, Herlihy and Reynolds, JJ., concur.

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Appeal from a judgment of the County Court, Albany County, rendered December 4, 1975, convicting defendant upon his plea of guilty of the crimes of robbery in the first degree and unlawful imprisonment in the first degree and sentencing him to an indeterminate term of 12 tí to 25 years and 2 to 4 years, to be served concurrently. The imposition of a second felony offender sentence was fully warranted in light of defendant’s voluntary admission to a prior felony conviction (People ex rel. Ryan v Smith, 50 AD2d 1078). In any event, there was "substantial compliance” with the statutory requirements (People v Bryant, 47 AD2d 51, 63) and any alleged error was thus harmless (People v Dayter, 49 AD2d 654). Judgment affirmed. Kane, J. P., Main, Larkin, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

54 A.D.2d 1051, 390 N.Y.S.2d 218, 1976 N.Y. App. Div. LEXIS 15016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roscoe-nyappdiv-1976.

Opinion

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