PEOPLE v. MONTELEONE


30 A.D.2d 158 (1968)

The People of the State of New York, Respondent, v. Innocenzo Monteleone, Appellant

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

June 3, 1968.


Attorney(s) appearing for the Case

Alice Daniel and Anthony F. Marra for appellant.

Aaron E. Koota, District Attorney (William I. Siegel of counsel), for respondent.

BELDOCK, P. J., BRENNAN, HOPKINS and BENJAMIN, JJ., concur.


CHRIST, J.

The sole question on this appeal is whether subdivision 3 of section 5.05 of the new Penal Law (L. 1965, ch. 1030, eff. Sept. 1, 1967), which provides for continued application of the former Penal Law (L. 1909, ch. 88) to offenses committed prior to September 1, 1967, including sentences to be imposed, also applies to the imposition of sentences under article 7-A of the Correction Law, which was repealed...

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