PEOPLE v. O.


36 A.D.2d 828 (1971)

The People of the State of New York, Respondent, v. James R. O. (Anonymous), Appellant

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

April 5, 1971


Judgment reversed, on the law, and case remanded to County Court for proceedings not inconsistent herewith. Although this appeal cannot bring up for review the judgment rendered December 22, 1969, the time for an appeal from that judgment having expired and no separate appeal having been taken therefrom, we hold that it was an abuse of discretion to sentence defendant to imprisonment for probation violation. The condition of probation which defendant violated was that he...

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