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People v. Browarnik

Appellate Division of the Supreme Court of New York, First Department
Oct 23, 1973
42 A.D.2d 953 (N.Y. App. Div. 1973)

Summary

In People v Browarnik (42 A.D.2d 953), the Appellate Division remanded a similar matter to the trial court for a hearing on defendant's condition and, if necessary, a further examination by a cardiologist.

Summary of this case from People v. Rutkowsky

Opinion

October 23, 1973


Judgment, Supreme Court, New York County, rendered September 16, 1970, after a jury trial, unanimously affirmed, and the order of said court entered on May 8, 1973, denying defendant's motion for resentence, reversed, as a matter of discretion, and application remanded to Supreme Court. Defendant was convicted of conspiracy in the second degree and attempted grand larceny in the first degree after a jury trial. No error in the trial is complained of and the evidence supported the conviction. At sentence proof was submitted that defendant was suffering from a heart condition and that incarceration would prove fatal. Several stays of execution were granted. On March 18, 1972, the People moved to compel defendant to surrender and defendant cross-moved to reduce his sentence to probation. Sentence was again deferred to May 8, 1973. On this date no hearing was held but the court denied defendant's motion. A further stay was granted by this court. It is obvious from the above that despite defendant's condition at the time of conviction he has survived for some three years. A hearing should be had on his present condition and, if necessary a further examination by a cardiologist, and in the light of what eventuates a ruling made on the applications. It is patent that unless incarceration would probably cause defendant's death he should be made to serve the sentence.

Concur — Stevens, P.J., McGivern, Markewich, Murphy and Steuer, JJ.


Summaries of

People v. Browarnik

Appellate Division of the Supreme Court of New York, First Department
Oct 23, 1973
42 A.D.2d 953 (N.Y. App. Div. 1973)

In People v Browarnik (42 A.D.2d 953), the Appellate Division remanded a similar matter to the trial court for a hearing on defendant's condition and, if necessary, a further examination by a cardiologist.

Summary of this case from People v. Rutkowsky
Case details for

People v. Browarnik

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL BROWARNIK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 23, 1973

Citations

42 A.D.2d 953 (N.Y. App. Div. 1973)

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