PEOPLE v. INDIA


38 A.D.2d 183 (1972)

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

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

January 24, 1972.


Attorney(s) appearing for the Case

Robert Kasanof (Malvine Nathanson of counsel), for appellant.

Eugene Gold, District Attorney (William I. Siegel of counsel), for respondent.

SHAPIRO, J., dissents and votes to remand the case to the Criminal Term for a hearing as to defendant's competency to stand trial on August 2, 1960, the date of his plea of guilty.


BENJAMIN, J.

These appeals are by the defendant from (1) a judgment of the Supreme Court, Kings County, rendered December 11, 1969, resentencing him, pursuant to People v. Montgomery (24 N.Y.2d 130), upon a 1960 conviction, on his guilty plea, of robbery in the first degree, grand larceny in the first degree, burglary in the second degree and two counts of assault in...

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