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PEOPLE v. KINCHEN

34 N.Y.2d 13 (1974)

The People of the State of New York, Respondent, v. William J. Kinchen, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 1974.

Attorney(s) appearing for the Case

Leslie A. Bradshaw for appellant.

Jack B. Lazarus, District Attorney (Melvin Bressler and Lloyd H. Butterfield of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, RABIN and STEVENS concur.

WACHTLER, J.

On August 7, 1970, defendant pleaded guilty in the City Court of Rochester to criminal possession in the third degree (Penal Law, § 165.40) a class A misdemeanor. He was adjudicated a youthful offender (Code Crim. Pro., § 913-m) and sentenced to a reformatory. In imposing sentence the court did not fix the term but it appears that the defendant is now serving four years in a State reformatory...

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