People v. Benn

Appellate Division of the Supreme Court of New York

People v. Benn

37 A.D.2d 980, 327 N.Y.S.2d 835, 1971 N.Y. App. Div. LEXIS 2970

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

DecidedNovember 22, 1971

StatusPublished

This text of 37 A.D.2d 980 (People v. Benn) 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. Benn, 37 A.D.2d 980, 327 N.Y.S.2d 835, 1971 N.Y. App. Div. LEXIS 2970 (N.Y. Ct. App. 1971).

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Opinion

Appeal by defendant from a judgment of the County Court, Hassau County, rendered March 5, 1971, convicting him of attempted assault in the second degree, upon a plea of guilty, and sentencing him to a maximum prison term of three years. Judgment modified, in the interests of justice, by changing the sentence to a period of probation of five years (Penal Law, § 65.00, subd. 3, par. [a]), under the conditions set forth in the following provisions of section 65.10 (subd. 2, pars, [a], [b], [e], [e]; subd. 3) of the Penal Law. The Probation Department in Hassau County is directed to effectuate the probation hereby ordered. As so modified, judgment affirmed. In our opinion the sentence is excessive to the extent indicated herein. Rabin, P. J., Latham, Shapiro, Gulotta and Brennan, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Hassau County, rendered March 5, 1971, convicting him of attempted assault in the second degree, upon a plea of guilty, and sentencing him to a maximum prison term of three years. Judgment modified, in the interests of justice, by changing the sentence to a period of probation of five years (Penal Law, § 65.00, subd. 3, par. [a]), under the conditions set forth in the following provisions of section 65.10 (subd. 2, pars, [a], [b], [e], [e]; subd. 3) of the Penal Law. The Probation Department in Hassau County is directed to effectuate the probation hereby ordered. As so modified, judgment affirmed. In our opinion the sentence is excessive to the extent indicated herein. Rabin, P. J., Latham, Shapiro, Gulotta and Brennan, JJ., concur.

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Bluebook (online)

37 A.D.2d 980, 327 N.Y.S.2d 835, 1971 N.Y. App. Div. LEXIS 2970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benn-nyappdiv-1971.