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People v. Butts

18 N.Y.2d 614 Court N.Y. Decision date 1966-07-07 English

Judges Concur: Chief Judge Desmond and Judges Fuld, Van Voobhxs, Burke, Scileppi, Bebgan and Keating.

Contents

Majority

p. 614
The People of the State of New York, Respondent, v. Richard Butts, Appellant.
Argued June 7, 1966;
decided July 7, 1966.
p. 615
Lois P. Sheinfeld and Anthony F. Marra for appellant.
Isidore Bollinger, District Attorney (Arnold Kideckel and Walter E. Dillon of counsel), for respondent.

Order reversed and matter remitted to the Supreme Court, Bronx County, with directions to grant the prayer of the petition that defendant be resentenced as though the February 19, 1952 sentence was under the youthful offender statute (Code Crim. Pro., pt. VI, tit. VII-B, § 913-e el seq.). The statute as now written does not permit vacatur of youthful offender adjudication on facts arising after the event.

Concur: Chief Judge Desmond and Judges Fuld, Van Voobhxs, Burke, Scileppi, Bebgan and Keating.