Appellate Division of the Supreme Court of New York, 1980

People v. Granata

People v. Granata
Appellate Division of the Supreme Court of New York · Decided December 12, 1980
79 A.D.2d 864; 436 N.Y.S.2d 1018; 1980 N.Y. App. Div. LEXIS 14279
People v. Granata

Opinion of the Court

Judgment, insofar as it sentences defendant, unanimously reversed, on the law, and defendant remanded to Niagara County Court for resentencing, and otherwise judgment affirmed. Memorandum: The record discloses that the court failed to set forth any reason for imposing a minimum sentence as mandated by section 70.00 (subd 3, par [b]) of the Penal Law. Accordingly, we remit for resentencing (see People v Wright, 40 AD2d 940). (Appeal from judgment of Niagara County Court—manslaughter, first degree.) Present—Simons, J. P., Hancock, Jr., Schnepp, Callahan and Moule, JJ.

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