# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · June 12, 1978 · 63 A.D.2d 988

URL: https://www.frixlaw.com/law-library/cases/5825869

## Case

- **Full name:** The People of the State of New York v. Ivan Wallace Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 12, 1978
- **Citations:** 63 A.D.2d 988; 406 N.Y.S.2d 699; 1978 N.Y. App. Div. LEXIS 12061
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5825869

## Opinion text

Appeal by defendant (by permission) from an order of the County Court, Suffolk County, dated March 17, 1977, denying his motion, inter alia, to vacate his judgment of conviction pursuant to CPL 440.10 (subd 1, par [b]). Order modified, on the law, by adding thereto a provision directing that defendant be delivered to the appropriate Massachusetts official forthwith so that he may begin serving his sentence in that State. As so modified, order affirmed. At the time defendant entered his plea, and again at the time of sentencing, the court directed that the sentence imposed was to run concurrently with the remainder of the undischarged term for which defendant was still responsible in Massachusetts. However, the remainder of the Massachusetts sentence cannot begin to run until defendant is delivered to the appropriate Massachusetts authorities (see Penal Law, § 70.30, subd 2-a). Accordingly, we have directed that defendant be returned to the custody of Massachusetts forthwith so that the sentence imposed may be effectuated. Mollen, P. J., Hopkins, Titone, Shapiro and O’Connor, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5825869. Public record. Not legal advice.