PEOPLE v. NICKENS


29 A.D.2d 557 (1967)

The People of the State of New York, Respondent, v. Tyrone Nickens, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 18, 1967


Judgment reversed, on the law, and case remanded to the Criminal Term for resentence as hereinafter indicated.

No questions of fact were considered on this appeal. On November 4, 1966 defendant pleaded guilty to third degree robbery and on December 19, 1966 was sentenced and committed to the Elmira Reception Center. His counsel was present at the pleading and the sentence. As defendant was over 21 years of age, he should have been sentenced to Elmira Reformatory and...

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