PEOPLE v. OJEDA


39 A.D.2d 520 (1972)

The People of the State of New York, Respondent, v. Rubin Ojeda, Appellant

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

April 11, 1972


Unanimously reversed and vacated, on the law, and the original sentences reinstated.

With the consent of and the concurrence of the District Attorney, it can now be recognized that the court below could not properly resentence defendant upon his plea to unlawful entry, as he had already been sentenced to time served and discharged; similarly, in respect of petit larceny, the court lacked jurisdiction to revoke probation after the period of probation...

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