People v. Andrew

Appellate Division of the Supreme Court of New York

People v. Andrew

43 A.D.2d 976, 352 N.Y.S.2d 906, 1974 N.Y. App. Div. LEXIS 5714

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

DecidedFebruary 19, 1974

StatusPublished

This text of 43 A.D.2d 976 (People v. Andrew) 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 v. Andrew, 43 A.D.2d 976, 352 N.Y.S.2d 906, 1974 N.Y. App. Div. LEXIS 5714 (N.Y. Ct. App. 1974).

Pincite

Opinion

Appeal by defendant, as limited by his brief, from a sentence of the County Court, Suffolk County, rendered February 22, 1973, imposing upon him an indeterminate prison term not to exceed five years, upon his plea of guilty of robbery in the third degree, a class D felony. Sentence modified, as a matter of discretion in the interest of justice, by changing it to probation for a period of five years, to run from February 22, 1973, and case remanded to the County Court for fixation of the terms and conditions of the probation. We are of the opinion that the sentence imposed was excessive to the extent indicated herein. We accord great weight to defendant’s successful progress in rehabilitating himself during the period in which sentencing was postponed (see People v. Silver, 10 A D 2d 274). Gulotta, P. J., Hopkins, Martuscello, Latham and Brennan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant, as limited by his brief, from a sentence of the County Court, Suffolk County, rendered February 22, 1973, imposing upon him an indeterminate prison term not to exceed five years, upon his plea of guilty of robbery in the third degree, a class D felony. Sentence modified, as a matter of discretion in the interest of justice, by changing it to probation for a period of five years, to run from February 22, 1973, and case remanded to the County Court for fixation of the terms and conditions of the probation. We are of the opinion that the sentence imposed was excessive to the extent indicated herein. We accord great weight to defendant’s successful progress in rehabilitating himself during the period in which sentencing was postponed (see People v. Silver, 10 A D 2d 274). Gulotta, P. J., Hopkins, Martuscello, Latham and Brennan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

43 A.D.2d 976, 352 N.Y.S.2d 906, 1974 N.Y. App. Div. LEXIS 5714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-andrew-nyappdiv-1974.