People v. Sanders

Appellate Division of the Supreme Court of New York

People v. Sanders

29 A.D.2d 549, 286 N.Y.S.2d 152, 1967 N.Y. App. Div. LEXIS 2808

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

DecidedDecember 11, 1967

StatusPublished

This text of 29 A.D.2d 549 (People v. Sanders) 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. Sanders, 29 A.D.2d 549, 286 N.Y.S.2d 152, 1967 N.Y. App. Div. LEXIS 2808 (N.Y. Ct. App. 1967).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Nassau County, rendered May 19, 1964, convicting him of attempted robbery in the first degree and other related crimes, upon a jury verdict, and imposing sentence upon him as a second felony offender. Judgment reversed, on the law, and case remanded to the Supreme Court, Nassau County, for resentencing in accordance herewith. While defendant was informed that he could challenge the contention that he was the person convicted of the prior felony, he was not informed that he could contest the constitutionality of the prior conviction. This was his right (Penal Law, § 1943). He should be resenteneed after being so informed (People v. Green, 25 A D 2d 507; People v. Haley, 27 A D 2d 984; People v. Maze ella, 28 A D 2d 809). Beldock, P. J., Christ; Rabin, Benjamin and Munder, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Nassau County, rendered May 19, 1964, convicting him of attempted robbery in the first degree and other related crimes, upon a jury verdict, and imposing sentence upon him as a second felony offender. Judgment reversed, on the law, and case remanded to the Supreme Court, Nassau County, for resentencing in accordance herewith. While defendant was informed that he could challenge the contention that he was the person convicted of the prior felony, he was not informed that he could contest the constitutionality of the prior conviction. This was his right (Penal Law, § 1943). He should be resenteneed after being so informed (People v. Green, 25 A D 2d 507; People v. Haley, 27 A D 2d 984; People v. Maze ella, 28 A D 2d 809). Beldock, P. J., Christ; Rabin, Benjamin and Munder, JJ., concur.

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Bluebook (online)

29 A.D.2d 549, 286 N.Y.S.2d 152, 1967 N.Y. App. Div. LEXIS 2808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sanders-nyappdiv-1967.