People v. Darson
| Citation | 48 A.D.2d 931,369 N.Y.S.2d 530 |
| Parties | The PEOPLE, etc., Respondent, v. Alvonzi DARSON, Appellant. |
| Decision Date | 30 June 1975 |
| Court | New York Supreme Court — Appellate Division |
James J. McDonough, Mineola (Eugene Murphy, New York City, of counsel), for appellant.
Denis Dillon, Dist. Atty., Mineola (William C. Donnino, Mineola, Martin I. Saperstein, Brooklyn, and John J. Budnick, Mineola, of counsel), for respondent.
Before COHALAN, Acting P.J., and CHRIST, BRENNAN, MUNDER and SHAPIRO, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant, as limited by his motion, from a sentence of the County Court, Nassau County, imposed September 19, 1974, upon his conviction of burglary in the third degree, upon a jury verdict.
Sentence affirmed.
Since defendant is raising the constitutionality of section 70.06 (subd. 1, pars. (a), (b), cl. (i)) of the Penal Law, notice should have been given to the Attorney General of the State of New York as required by section 71 of the Executive Law. However, in view of our holding, that omission is immaterial.
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...of Executive Law § 71. Nonetheless, because of the result herein, the court will address the merits of the motion (People v. Darson, 48 A.D.2d 931, 369 N.Y.S.2d 530).2 The form and substance of the People's opposition is a statement that they oppose dismissal of the indictment on the basis ......
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