PEOPLE v. RODRIGUEZ


34 A.D.2d 911 (1970)

The People of the State of New York, Respondent, v. Jack D. Rodriguez, Appellant

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

June 9, 1970


Judgment of conviction rendered February 6, 1969 unanimously reversed on the law to the extent only of vacating the sentence and remanding to the sentencing Justice for resentence, and otherwise affirmed.

The predicament in which defendant-appellant finds himself is the result of his own cunning machination. Originally he pleaded guilty to an old Penal Law drug misdemeanor and a new Penal Law Class E drug felony. On defendant's eager admission that he was a drug addict...

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