People v. John M. — 34 N.Y.2d 619

Majority

p. 619

The People of the State of New York, Respondent, v. John M., Appellant.

Argued March 20, 1974;

decided March 27, 1974.

p. 620

Philip L. Weinstein and William E. Hellerstein for appellant.

Michael F. Armstrong, District Attorney (Sherry E. Aaron of counsel), for respondent.

Order modified by remitting the case to Supreme Court, Queens County, for reconsideration of the sentence on the basis of an updated probation report, and, as so modified, affirmed. Stay of judgment extended for 90 days. No opinion.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Stevens. Taking no part: Judge Rabin.