PEOPLE v. ROYSTER


117 Misc.2d 112 (1982)

The People of the State of New York, Plaintiff, v. Leon Royster, Defendant.

County Court, Trial and Special Term, Rockland County.

December 23, 1982


Attorney(s) appearing for the Case

Kenneth Gribetz, District Attorney, for plaintiff. Peter Branti, Jr., Public Defender, for defendant.


HARRY EDELSTEIN, J.

The defendant has moved this court by order to show cause dated November 10, 1982, for an order directing a hearing pursuant to section 70.02 (subd 5, par [b]) of the Penal Law for the purpose of determining whether a sentence other than an indeterminate sentence of imprisonment should be imposed. The court finds that section 70.02 (subd 5, par [b]) of the Penal Law provides no authority for such a hearing as it refers only to those...

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