PEOPLE v. YANNICELLI


40 N.Y.2d 598 (1976)

The People of the State of New York, Appellant, v. Michael Yannicelli and Anthony Gariola, Respondents.

Court of Appeals of the State of New York.

Decided October 26, 1976.


Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Janet Cunard of counsel), White Plains, for appellant.

Irving Anolik, New York City, for respondents.

Chief Judge BREITEL and Judges GABRIELLI, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge JONES concurs.


WACHTLER, J.

This is the second time this case has been before us. On the first appeal, brought by the People, we affirmed an order of the Appellate Division which reversed and remanded for resentencing because the trial court had imposed a fine for a felony without complying with the procedural requirements of section 80.00 of the Penal Law. At the resentencing the court imposed an additional term of imprisonment...

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