PEOPLE v. SMITH


46 A.D.2d 692 (1974)

The People of the State of New York, Respondent, v. Henry Smith, Jr., Also Known as "Chuckie", Appellant

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

October 28, 1974


The sentence was a prison term of a seven-year maximum and a two-and-one-third-year minimum. Sentence reversed, on the law, and case remanded to the County Court, Orange County, for resentence in compliance with section 70.00 (subd. 3, par. [b]) of the Penal Law. No question of fact was presented on this appeal. The record discloses that the sentencing court failed to set forth its reasons for imposing a minimum sentence as is mandated by section 70.00 (subd. 3, par. [b]...

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