People Hernandez

Appellate Division of the Supreme Court of New York

People Hernandez

59 A.D.2d 1052, 399 N.Y.S.2d 810, 1977 N.Y. App. Div. LEXIS 14339

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

DecidedNovember 14, 1977

StatusPublished

This text of 59 A.D.2d 1052 (People Hernandez) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People Hernandez, 59 A.D.2d 1052, 399 N.Y.S.2d 810, 1977 N.Y. App. Div. LEXIS 14339 (N.Y. Ct. App. 1977).

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Opinion

Judgment insofar as it imposes sentence modified, as a matter of discretion, in the interest of justice to reduce the minimum term to four years and otherwise judgment affirmed. All concur; Goldman, J., not participating.. Memorandum: Defendant was sentenced to imprisonment for life with a minimum term of eight and one-third years (the maximum sentence permitted) for conviction of an A-III felony (Penal Law, § 70.00, subd 3, par [a], cl [iii]). In view of the lack of prior convictions, and the leniency of the sentence imposed on the codefendant who was convicted of the same offense (life imprisonment with a minimum term of one year— the minimum sentence permitted), defendant’s sentence should be reduced in the exercise of discretion to an indeterminate sentence of life imprisonment with a minimum period of four years (CPL 470.15, subd 2, par [c]). (Appeal from judgment of Monroe County Court—criminal sale controlled substance, third degree.) Present—Simons, J. P., Hancock, Jr., Denman, Goldman and Witmer, JJ.

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Judgment insofar as it imposes sentence modified, as a matter of discretion, in the interest of justice to reduce the minimum term to four years and otherwise judgment affirmed. All concur; Goldman, J., not participating.. Memorandum: Defendant was sentenced to imprisonment for life with a minimum term of eight and one-third years (the maximum sentence permitted) for conviction of an A-III felony (Penal Law, § 70.00, subd 3, par [a], cl [iii]). In view of the lack of prior convictions, and the leniency of the sentence imposed on the codefendant who was convicted of the same offense (life imprisonment with a minimum term of one year— the minimum sentence permitted), defendant’s sentence should be reduced in the exercise of discretion to an indeterminate sentence of life imprisonment with a minimum period of four years (CPL 470.15, subd 2, par [c]). (Appeal from judgment of Monroe County Court—criminal sale controlled substance, third degree.) Present—Simons, J. P., Hancock, Jr., Denman, Goldman and Witmer, JJ.

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Bluebook (online)

59 A.D.2d 1052, 399 N.Y.S.2d 810, 1977 N.Y. App. Div. LEXIS 14339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-hernandez-nyappdiv-1977.