People v. Young

Appellate Division of the Supreme Court of New York

People v. Young

71 A.D.2d 582, 419 N.Y.S.2d 436, 1979 N.Y. App. Div. LEXIS 12772

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

DecidedJuly 10, 1979

StatusPublished

Cited by2 cases

This text of 71 A.D.2d 582 (People v. Young) 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. Young, 71 A.D.2d 582, 419 N.Y.S.2d 436, 1979 N.Y. App. Div. LEXIS 12772 (N.Y. Ct. App. 1979).

Pincite

Opinion

—Judgment,Supreme Court, Bronx County, rendered October 11, 1977, convicting defendant of sexual abuse in the first degree and sentencing him to three and one-half to seven years, unanimously modified, on the law, to vacate the sentence, the case remanded for resentencing by a different Judge, and otherwise affirmed. The plea bargaining agreement that the prosecutor would make no sentencing recommendation was broken when, at the sentencing, he recommended the maximum sentence which the court then imposed. The People acknowledge that the interest of justice is best served by a remand for resentencing so that the agreement may he honored. "To avoid any implication that the Judge may be persuaded by the prior recommendation, such resentencing should be by a different Judge” (People v McFarland, 46 AD2d 616). Concur—Birns, J. P., Sandler, Sullivan, Markewich and Lynch, JJ.

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

—Judgment,Supreme Court, Bronx County, rendered October 11, 1977, convicting defendant of sexual abuse in the first degree and sentencing him to three and one-half to seven years, unanimously modified, on the law, to vacate the sentence, the case remanded for resentencing by a different Judge, and otherwise affirmed. The plea bargaining agreement that the prosecutor would make no sentencing recommendation was broken when, at the sentencing, he recommended the maximum sentence which the court then imposed. The People acknowledge that the interest of justice is best served by a remand for resentencing so that the agreement may he honored. "To avoid any implication that the Judge may be persuaded by the prior recommendation, such resentencing should be by a different Judge” (People v McFarland, 46 AD2d 616). Concur—Birns, J. P., Sandler, Sullivan, Markewich and Lynch, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

71 A.D.2d 582, 419 N.Y.S.2d 436, 1979 N.Y. App. Div. LEXIS 12772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-young-nyappdiv-1979.

Opinion

Related

Cite This Page — Counsel Stack