PEOPLE v. ALVICH


7 N.Y.2d 125 (1959)

The People of the State of New York, Respondent, v. Joseph P. Alvich, Jr., Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.


Attorney(s) appearing for the Case

Harris B. Steinberg and J. Raymond McGovern for appellant.

John C. Marbach, Special District Attorney, for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.


Per Curiam.

The defendant Alvich, convicted on a plea of guilty, was given a suspended sentence, placed on "Indefinite Probation" and required to undergo psychiatric treatment. More than a year later, the court, upon motion of the prosecutor, vacated the judgment, on the ground that the requirements of section 2189-a of the Penal Law had not been met and thereafter, in place of the original judgment, rendered a new...

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