People v. Yant

Appellate Division of the Supreme Court of New York

People v. Yant

223 A.D.2d 747, 637 N.Y.S.2d 468, 1996 N.Y. App. Div. LEXIS 678

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

DecidedJanuary 29, 1996

StatusPublished

Cited by5 cases

This text of 223 A.D.2d 747 (People v. Yant) 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. Yant, 223 A.D.2d 747, 637 N.Y.S.2d 468, 1996 N.Y. App. Div. LEXIS 678 (N.Y. Ct. App. 1996).

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Opinion

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered January 6, 1995, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Dutchess County, for resentencing.

The sentencing court’s misapprehension regarding its discretion, pursuant to Penal Law § 70.25 (4), to impose a sentence of imprisonment that is to run concurrently with a sentence previously imposed by a court of another jurisdiction requires that the defendant be resentenced (see, People v Vega, 181 AD2d 635; People v Jeffries, 166 AD2d 665, 666).

We have examined the defendant’s remaining contention, [748]*748which is raised in his supplemental pro se brief, and find it to be without merit. Mangano, P. J., Thompson, Friedmann and Florio, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered January 6, 1995, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Dutchess County, for resentencing.

The sentencing court’s misapprehension regarding its discretion, pursuant to Penal Law § 70.25 (4), to impose a sentence of imprisonment that is to run concurrently with a sentence previously imposed by a court of another jurisdiction requires that the defendant be resentenced (see, People v Vega, 181 AD2d 635; People v Jeffries, 166 AD2d 665, 666).

We have examined the defendant’s remaining contention, [748]*748which is raised in his supplemental pro se brief, and find it to be without merit. Mangano, P. J., Thompson, Friedmann and Florio, JJ., concur.

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Bluebook (online)

223 A.D.2d 747, 637 N.Y.S.2d 468, 1996 N.Y. App. Div. LEXIS 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-yant-nyappdiv-1996.

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