Legal Opinion

People v. Tracey A.

New York County Courts

Decided January 26, 1979PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

John J. Walsh, J.

The defendant is a 16-year-old female who has been indicted for an alleged burglary on September 8, 1978. The indictment *1054contains five counts, the first of which charges the crime of burglary in the first degree "armed with * * * a deadly weapon”. (Penal Law, § 140.30, subd 1.) This constitutes a class B violent felony, mandating a State prison sentence (Penal Law, § 70.02, eff Sept. 1, 1978). The other counts charge burglary second degree, grand larceny third degree, possession of a loaded firearm, and petit larceny. The defendant seeks to have the court…

2Cases cited4 opinions

  1. People v. NewtonNew York Supreme Court · 1973
  2. People v. RodenNew York Court of Appeals · 1968
  3. People v. WilcoxAppellate Division of the Supreme Court of the State of New York · 1976
  4. Empire City Iron Works v. MargoliesCity of New York Municipal Court · 1914

3Cited by11 opinions

  1. State v. SabalaCourt of Appeals of Washington · 1986
  2. Buchannon v. StateCourt of Criminal Appeals of Alabama · 1989
  3. State v. MerrittNew Jersey Superior Court Appellate Division · 1991
  4. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1998
  5. Bates v. StateCourt of Criminal Appeals of Alabama · 1985

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