People v. Torres

Appellate Division of the Supreme Court of New York

People v. Torres

25 A.D.2d 529, 268 N.Y.S.2d 984, 1966 N.Y. App. Div. LEXIS 5037

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

DecidedFebruary 7, 1966

StatusPublished

This text of 25 A.D.2d 529 (People v. Torres) 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. Torres, 25 A.D.2d 529, 268 N.Y.S.2d 984, 1966 N.Y. App. Div. LEXIS 5037 (N.Y. Ct. App. 1966).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kangs County, entered November 9, 1962, convicting him of selling narcotics as a felony, upon a jury verdict, and imposing sentence therefor and also upon the third count in the indictment. Judgment modified, on the law, by striking out so much of the sentence as was imposed on the third count. As so modified, judgment affirmed: In view of the fact that the third count [530]*530of the indictment (unlawful possession of narcotics) was not submitted to the jury, so that defendant was not found guilty thereon, there was no basis upon which he could have been sentenced on that count.

Beldock, P. J., Ughetta, Hill, Rabin and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kangs County, entered November 9, 1962, convicting him of selling narcotics as a felony, upon a jury verdict, and imposing sentence therefor and also upon the third count in the indictment. Judgment modified, on the law, by striking out so much of the sentence as was imposed on the third count. As so modified, judgment affirmed: In view of the fact that the third count [530]*530of the indictment (unlawful possession of narcotics) was not submitted to the jury, so that defendant was not found guilty thereon, there was no basis upon which he could have been sentenced on that count.

Beldock, P. J., Ughetta, Hill, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

25 A.D.2d 529, 268 N.Y.S.2d 984, 1966 N.Y. App. Div. LEXIS 5037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-torres-nyappdiv-1966.