People v. Lester B., 84 A.D.2d 791 (N.Y. App. Div. 1981). · Go Syfert
People v. Lester B., 84 A.D.2d 791 (N.Y. App. Div. 1981). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: People v. Mcdermott (nyappdiv, 1992-01-13)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see, e.g." People v. Mcdermott
N.Y. App. Div. · 1992 · signal: see also · confidence low
Therefore, the guilty verdicts as to each of these counts are nullities and the counts are dismissed (see, CPL 310.85; see also, People v Lester B., 84 AD2d 791, 792 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Lester B.
Appellate Division of the Supreme Court of the State of New York.
Nov 16, 1981.
84 A.D.2d 791
1981 N.Y. App. Div. LEXIS 15988
Cited by 2 opinions  |  Published

Appeal by defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered December 19, 1979, which adjudicated him a youthful offender, after finding that he had committed the crimes of robbery in the second degree and endangering the welfare of a child, upon a jury verdict, and sentenced him to one indeterminate term of imprisonment with a maximum of three years. Judgment modified, on the law, by reversing the conviction of endangering the welfare of a child, the sentence is vacated, said count is dismissed, and the case is remitted to Criminal Term for imposition of a new sentence. As so modified, judgment affirmed. The facts have been considered and determined to be established. The crime of endangering the welfare of a child is one for which the defendant is not criminally responsible by reason of infancy (Penal Law, § 30.00). Therefore the verdict of[*792] guilty as to this crime is deemed a nullity (CPL 310.85). A new sentence determination is required on the remaining count by virtue of Criminal Term’s failure to impose separate sentences on each count. Margett, J. P., O’Connor, Weinstein and Bracken, JJ., concur.