Legal Opinion

Vitale v. Wilkes

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1974PublishedCited by 2 opinions

1Opinion of the Court

This application is being treated by this court as an application pursuant to article 78 of the CPLR to compel respondent to vacate an illegal sentence imposed upon him on November 14, 1972 and to resentence him upon his conviction of robbery in the second degree, on a guilty plea. Application granted; respondent is directed to resentence petitioner (People v Schatz, 45 AD2d 853). Cohalan, Acting P. J., Christ, Brennan and Munder, JJ., concur.

2Cases cited1 opinion

  1. People v. SchatzAppellate Division of the Supreme Court of the State of New York · 1974

3Cited by2 opinions

  1. People v. TroiaAppellate Division of the Supreme Court of the State of New York · 1983
  2. Rayborn v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1994