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People v. Negron

15 N.Y.2d 914 Court N.Y. Decision date 1965-03-18 English

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p. 914
The People of the State of New York, Respondent, v. Rafael Negron, Appellant.
Argued February 8, 1965;
decided March 18, 1965.
p. 915
Phylis Skloot and Anthony F. Marra for appellant.
Aaron E. Koota, District Attorney (Aaron Nussbaum of counsel), for respondent.

Judgment reversed and case remitted to the Appellate Division for such further proceedings, with respect to the sentence, as the Appellate Division may in its discretion take. Wo hold

p. 916
that section 543 of the Code of Criminal Procedure and section 2188 of the Penal Law, read together, empower the Appellate Division op,appeal to suspend execution of a criminal sentence whether or not the original 'Sentence had a minimum term and whether or not imprisonment has commenced (see People v. Zuckerman, 5 N Y 2d 401 , 404).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.

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