People v. Negron ( 1965 )

Judgment reversed and case remitted to the Appellate Division for such further proceedings, with respect to the sentence, as the Appellate Division may in its discretion take. Wo hold that section 543 of the Code of Criminal Procedure and section 2188 of the Penal Law, read together, empower the Appellate Division op,appeal to suspend execution of a criminal sentence whether or not the original 'Sentence had a minimum term and whether or not imprisonment has commenced (see People v. Zuckerman, 5 N Y 2d 401, 404).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.