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People v. Smith

650 N.E.2d 409, 85 N.Y.2d 919, 626 N.Y.S.2d 751, 1995 N.Y. LEXIS 790
CourtNew York Court of Appeals
DecidedApril 4, 1995
StatusPublished
Cited by3 cases

This text of 650 N.E.2d 409 (People v. Smith) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Smith, 650 N.E.2d 409, 85 N.Y.2d 919, 626 N.Y.S.2d 751, 1995 N.Y. LEXIS 790 (N.Y. 1995).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the case remitted to that Court for its consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b).

The trial court neither exceeded its authority nor placed defendant on illegal "interim probation” by postponing defendant’s sentence after her plea of guilty and placing her with a private drug treatment program (see, People v Avery, 85 NY2d 503 [decided today]).

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

Order reversed and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.

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Related

People v. Schafer
234 A.D.2d 972 (Appellate Division of the Supreme Court of New York, 1996)
People v. Brown
670 N.E.2d 440 (New York Court of Appeals, 1996)
People v. Smith
217 A.D.2d 565 (Appellate Division of the Supreme Court of New York, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
650 N.E.2d 409, 85 N.Y.2d 919, 626 N.Y.S.2d 751, 1995 N.Y. LEXIS 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-smith-ny-1995.