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People v. Groves

28 A.D.2d 682 Court N.Y. App. Div. Decision date 1967-06-05 English

Contents

Majority

p. 682
The People of the State of New York, Respondent, v. De Witt Groves and Gerald Frye, Appellants.

Christ, Rabin and Nolan, JJ., concur; Beldoek, P. J., and Benjamin, J., dissent and vote to affirm the judgments, with the following memorandum: In our opinion, the statement by the trial court followed by the sentence imposed was tantamount to the imposition of an indeterminate sentence without comment from which a determination of reformability may reasonably be inferred. The statement at bar is distinguishable from that made in People v. Jemmott ( 26 A D 2d 937 ), which, in the opinion of the majority of this court, constituted a disclaimer of any finding of reformability.