People v. Bliss

• Decision Date: 14 September 1962
• Citation: People v. Bliss, 232 N.Y.S.2d 273, 17 A.D.2d 767 (N.Y. App. Div. 1962)
• Parties: The PEOPLE of the State of New York, Respondent, v. Harold BLISS, Jr., Appellant.
• Court: New York Supreme Court — Appellate Division

Page 273

232 N.Y.S.2d 273

17 A.D.2d 767

The PEOPLE of the State of New York, Respondent, v. Harold BLISS, Jr., Appellant.

Supreme Court, Appellate Division, Fourth Department.

Sept. 14, 1962.

Harold Bliss, Jr., appellant, in pro. per.

Joseph A. Ryan, Syracuse, for respondent (Michael R. Canestrano, Syracuse, of counsel).

Before WILLIAMS, P. J., and BASTOW, GOLDMAN, McCLUSKY and HENRY, JJ.

MEMORANDUM.

The sentence of August 31, 1961 was null and void, and therefore the sentence for violation of the terms of probation which were a part of such sentence was also null and void. Because of the long and indefinite deferment before the sentence of August 31, 1961 was pronounced, the County Court lost jurisdiction to impose any sentence under the first count of the indictment. The defendant should be discharged. People ex rel. Harty v. Fay, 10 N.Y.2d 374, 223 N.Y.S.2d 468, 179 N.E.2d 483; People v. Cioffi, 1 N.Y.2d 70, 72, 150 N.Y.S.2d 192, 193, 133 N.E.2d 703, 704; Hogan v. Bohan, 305 N.Y. 110, 111 N.E.2d 233.

Order unanimously reversed, petition granted, and matter remitted to Onondaga County Court for further proceedings in accordance with the...