People v. Curro
| Decision Date | 08 January 1970 |
| Citation | 26 N.Y.2d 669,256 N.E.2d 547,308 N.Y.S.2d 394 |
| Parties | , 256 N.E.2d 547 PEOPLE, etc., Respondent, v. Gerald CURRO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Term, Second and Eleventh Judicial Districts.
Lewis B. Oliver, Jr., Milton Adler, New York City, for defendant-appellant.
Eugene Gold, Brooklyn (Harold L. Levy, Brooklyn, of counsel), for Respondent.
On October 4, 1967, defendant pleaded guilty to reduced charge of possession of a dangerous weapon as a misdemeanor and was sentenced on December 15, 1967 to the New York City Reformatory for an indefinite period.
The Appellate Term, unanimously affirmed without opinion.
The Correction Law Consol.Laws, c. 43, Art. 7--A, Section 203, which has been repealed by Laws 1967, ch. 324, provided that any person convicted of any crime or offense punishable by imprisonment shall be sentenced and committed to a penitentiary or workhouse or reformatory under jurisdiction of Department of Correction and that court in imposing sentence shall not fix or limit term of imprisonment, and that terms shall not exceed three years. Section 1937 of the former Penal Law, Consol.Laws, c. 40, provided that a person convicted of a misdemeanor, for which no other punishment is specifically prescribed, is punishable by imprisonment in penitentiary or county jail for not more than one year or by fine of not more than $500 or both.
The defendant appealed to the Court of Appeals, contending that since no law in force after September 1, 1967 authorized imposition of indefinite sentence for misdemeanor committed prior to that date, defendant's sentence was illegal. The People of the State of New York consented that the matter be remanded so that defendant could be resentenced pursuant to the former Penal Law. Judgment reversed and the case remitted to the Criminal Court of the City of New York for resentencing of defendant, in the following memorandum; Inasmuch as section 203 of the Correction Law was effectively repealed prior to the date of sentencing herein, the trial court erred in imposing sentence thereunder. The defendant could only have been sentenced under section 1937 of the former Penal Law which limited the extent of his possible sentence to one year in prison and a $500 fine. (See People v. Monteleone, 30 A.D.2d 158, 290 N.Y.S.2d 823.)
All concur.
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...the enactment extends to them.") Compare People v. Monteleone, 30 A.D.2d 158, 290 N.Y.S.2d 823 (2nd Dept..1968); People v. Curro, 26 N.Y.2d 669, 308 N.Y.S.2d 394, 256 N.E.2d 547. The requirement of Oliver and its progeny (that courts give the benefit of ameliorative changes in the criminal ......
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