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People v. Herring

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1975
49 A.D.2d 952 (N.Y. App. Div. 1975)

Opinion

October 28, 1975


After a previous determination by this court affirming a judgment of the Supreme Court, Richmond County, rendered June 15, 1972, convicting defendant of attempted robbery in the third degree, after a nonjury trial, and imposing sentence, the Supreme Court of the United States vacated said affirmance and remanded the case to this court (People v Herring, 43 A.D.2d 816, vacated sub nom. Herring v New York, 422 U.S. 853, 95 S Ct 2550). The Supreme Court of the United States held that CPL 320.20 (subd 3, par [c]) is unconstitutional. We now reverse the judgment of conviction, on the law, and order a new trial, in view of said holding of the Supreme Court of the United States. Gulotta, P.J., Hopkins, Martuscello, Brennan and Munder, JJ., concur.


Summaries of

People v. Herring

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1975
49 A.D.2d 952 (N.Y. App. Div. 1975)
Case details for

People v. Herring

Case Details

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

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

Date published: Oct 28, 1975

Citations

49 A.D.2d 952 (N.Y. App. Div. 1975)