People v. Brian R.
| Citation | 365 N.Y.S.2d 998,47 A.D.2d 599 |
| Parties | The PEOPLE of the State of New York, Appellant, v. BRIAN R., Defendant-Respondent. |
| Decision Date | 30 January 1975 |
| Court | New York Supreme Court — Appellate Division |
T. J. Bryan, New York City, for appellant.
S. L. Barrett, New York City, for respondent.
Judgment, Supreme Court, New York County (Polsky, J.), rendered on June 26, 1974, unanimously affirmed. 78 Misc.2d 616, 356 N.Y.S.2d 1006. No opinion.
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13 cases
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People v. Santiago
...would be ultimately convicted of lesser felonies.' The Appellate Division, First Department, affirmed without opinion (People v. Brian R., 47 A.D.2d 599, 365 N.Y.S.2d 998). No appeal from that decision has been perfected by the People. In the First Department, therefore, the state of the la......
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People v. Rubin S.
...nor the sentence was at variance with then existing law. (People v. Brian R., 78 Misc.2d 616, 356 N.Y.S.2d 1006, affd. 47 A.D.2d 599, 365 N.Y.S.2d 998). The question to be addressed, therefore, is whether subsequent appellate decisions operate retroactively to vitiate the sentence imposed. ......
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Kyle v. State
...equal protection and due process, Kyle cites People v. Brian R., 78 Misc.2d 616, 356 N.Y.S.2d 1006 (Sup.Ct.1974), aff'd, 47 A.D.2d 599, 365 N.Y.S.2d 998. In Brian R. the court analyzed, under due process and equal protection theories, a New York statute which correlated the availability of ......
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People v. Felix
...the formal notification and delineation of the charges" (People v. Brian R., 78 Misc.2d 616, 618, 356 N.Y.S.2d 1006, affd. 47 A.D.2d 599, 365 N.Y.S.2d 998). Thus, the offenses charged in dismissed counts of an indictment may be considered by the sentencing Judge even over defendant's object......
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