People v. Tantleff

Appellate Division of the Supreme Court of New York

People v. Tantleff

47 A.D.2d 890, 1975 N.Y. App. Div. LEXIS 9301

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

DecidedApril 24, 1975

StatusPublished

This text of 47 A.D.2d 890 (People v. Tantleff) 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. Tantleff, 47 A.D.2d 890, 1975 N.Y. App. Div. LEXIS 9301 (N.Y. Ct. App. 1975).

Pincite

Opinion

Defendant’s motion for reargument is granted, and upon reargument the order of this court entered on March 31, 1975, is amended to the extent of staying execution of the judgment of conviction and remanding the matter for reconsideration of the four-month sentence imposed, after receipt of an updated psychiatric report. In view of the assertion by defendant’s psychiatrist (who is also in charge of the psychiatric prison ward at Bellevue Hospital) regarding his patient’s "serious suicidal tendencies” and his opinion that defendant’s incarceration "for any period of time would have consequences far beyond what might be considered appropriate under the circumstances”, we believe the interests of justice would best be served by a reconsideration of the four-month sentence imposed after receipt of a current evaluation of defendant’s present mental state. Concur — Markewich, J. P., Murphy, Lupiano, Lane and Nunez, JJ.

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Defendant’s motion for reargument is granted, and upon reargument the order of this court entered on March 31, 1975, is amended to the extent of staying execution of the judgment of conviction and remanding the matter for reconsideration of the four-month sentence imposed, after receipt of an updated psychiatric report. In view of the assertion by defendant’s psychiatrist (who is also in charge of the psychiatric prison ward at Bellevue Hospital) regarding his patient’s "serious suicidal tendencies” and his opinion that defendant’s incarceration "for any period of time would have consequences far beyond what might be considered appropriate under the circumstances”, we believe the interests of justice would best be served by a reconsideration of the four-month sentence imposed after receipt of a current evaluation of defendant’s present mental state. Concur — Markewich, J. P., Murphy, Lupiano, Lane and Nunez, JJ.

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Bluebook (online)

47 A.D.2d 890, 1975 N.Y. App. Div. LEXIS 9301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tantleff-nyappdiv-1975.