People v. Giersz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered November 17, 1992, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Bungs County, for a hearing pursuant to CPL 400.21 and resentencing.
During the early morning hours of April 11, 1992, three homeless men were drinking vodka in front of a fire they had built in an abandoned…
2Cases cited7 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BynumNew York Court of Appeals · 1987
- People v. ChestnutAppellate Division of the Supreme Court of the State of New York · 1992
- People v. FraserAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by2 opinions
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 1999
- People v. HarveyAppellate Division of the Supreme Court of the State of New York · 1997