People v. Butts

New York Court of Appeals July 7, 1966

People v. Butts, 18 N.Y.2d 614 (N.Y. 1966)

219 N.E.2d 202; 272 N.Y.S.2d 383; 1966 N.Y. LEXIS 1200

Bebgan, Burke, Desmond, Fuld, Keating, Scileppi, Voobhxs

Opinion of the Court

Order reversed and matter remitted to the Supreme Court, Bronx County, with directions to grant the prayer of the petition that defendant be resentenced as though the February 19, 1952 sentence was under the youthful offender statute (Code Crim. Pro., pt. VI, tit. VII-B, § 913-e el seq.). The statute as now written does not permit vacatur of youthful offender adjudication on facts arising after the event.

Concur: Chief Judge Desmond and Judges Fuld, Van Voobhxs, Burke, Scileppi, Bebgan and Keating.

Reference

Full Case Name: The People of the State of New York v. Richard Butts
Status: Published