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PEOPLE v. FLOYD

39 A.D.2d 588 (1972)

The People of the State of New York, Respondent, v. Howard Floyd, Appellant

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

April 17, 1972

Judgment of conviction upon resentence modified on the law by providing that it be nunc pro tunc from the date of the original judgment, August 27, 1958, and as so modified, affirmed. Appeal from order dated April 9, 1970 dismissed as academic. Order of April 30, 1970, affirmed.

In resentencing situations pursuant to People v. Montgomery, (24 N.Y.2d 130), a defendant "should * * * be resentenced nunc pro tunc

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