People v. Vollman

Appellate Terms of the Supreme Court of New York

People v. Vollman

38 Misc. 2d 1024, 237 N.Y.S.2d 786, 1962 N.Y. Misc. LEXIS 2225

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 29, 1962

StatusPublished

This text of 38 Misc. 2d 1024 (People v. Vollman) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Vollman, 38 Misc. 2d 1024, 237 N.Y.S.2d 786, 1962 N.Y. Misc. LEXIS 2225 (N.Y. Ct. App. 1962).

Pincite

Opinion

Per Curiam.

The record shows that the defendant was committed to an institution for the care of those mentally ill and the court below notified thereof in substantial compliance with section 873 of the Code of Criminal Procedure. This constituted a final disposition of the offense, not a crime, with which he was charged, under the express provision of that section. It was, therefore, error to impose sentence, even though the sentence was suspended.

The judgment of conviction should be reversed on the law and facts and complaint dismissed.

Concur — Hecht, J. P., Hoestadter and Gold, JJ.

Judgment reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The record shows that the defendant was committed to an institution for the care of those mentally ill and the court below notified thereof in substantial compliance with section 873 of the Code of Criminal Procedure. This constituted a final disposition of the offense, not a crime, with which he was charged, under the express provision of that section. It was, therefore, error to impose sentence, even though the sentence was suspended.

The judgment of conviction should be reversed on the law and facts and complaint dismissed.

Concur — Hecht, J. P., Hoestadter and Gold, JJ.

Judgment reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

38 Misc. 2d 1024, 237 N.Y.S.2d 786, 1962 N.Y. Misc. LEXIS 2225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vollman-nyappterm-1962.