From Casetext: Smarter Legal Research

People v. Clifford

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1972
38 A.D.2d 952 (N.Y. App. Div. 1972)

Opinion

March 13, 1972


Appeal by defendant from a judgment of the County Court, Nassau County, rendered March 4, 1971 on resentence, convicting him of attemted sale of a dangerous drug in the third degree, upon a guilty plea, and imposing sentence. Judgment affirmed. In our opinion, imposition of the judgment of resentence in absentia was proper ( People v. Ali, 35 A.D.2d 435, 439; see People v. Ganci, 27 N.Y.2d 418, 429) in the absence of any alteration in the original sentence imposed (cf. People v. Saperstein, 1 A.D.2d 949) or some indication that defendant intended to challenge the constitutionality of a predicate conviction (cf. People v. Wilkins, 28 N.Y.2d 213). Rabin, P.J., Munder, Martuscello, Gulotta and Benjamin, JJ., concur.


Summaries of

People v. Clifford

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1972
38 A.D.2d 952 (N.Y. App. Div. 1972)
Case details for

People v. Clifford

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID CLIFFORD…

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

Date published: Mar 13, 1972

Citations

38 A.D.2d 952 (N.Y. App. Div. 1972)

Citing Cases

People v. Nathanson

Accordingly, this court is inclined to impose the minimum sentence now authorized by law. In regard to the…

People v. Lucks

The Legal Aid attorney was appointed to represent defendant, apparently without his knowledge or consent,…