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People v. Giarratano

The People of the State of New York v. Timothy F. Giarratano

People v. Giarratano, 62 A.D.2d 1042 (1978)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
April 17, 1978
Citations
62 A.D.2d 1042404 N.Y.S.2d 1271978 N.Y. App. Div. LEXIS 11115

Opinion of the Court

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Appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered January 27, 1977, convicting him of criminal sale of a controlled substance in the fifth degree, upon a plea of guilty, and imposing sentence. Judgment reversed, on the law, indictment dismissed and case remitted to the Supreme Court for the purpose of entering an order in its discretion pursuant to CPL 160.50. In the light of the uncontested proof that the testimony before the Grand Jury related solely to the sale of a controlled substance, cocaine, and that the substance involved was in fact lidocaine, which is not a controlled substance, it was error to accept a plea of guilty to the crime of criminal sale of a controlled substance. Under the circumstances, the judgment of conviction must be reversed and the indictment dismissed. We note also that the defendant has served the 10 days’ incarceration imposed upon him. Martuscello, J. P., Damiani, Shapiro and O’Connor, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1978: 21979: 119782026peak 1978 · 2

Relies on it most ⓘ

  1. People v. Gonzales66 A.D.2d 828 (1978)
  2. People v. McMillan66 A.D.2d 830 (1978)
  3. People v. Hawkins69 A.D.2d 823 (1979)

Most recent

  1. People v. Hawkins69 A.D.2d 823 (1979)
  2. People v. Gonzales66 A.D.2d 828 (1978)
  3. People v. McMillan66 A.D.2d 830 (1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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