People v. Bigley

Appellate Division of the Supreme Court of New York

People v. Bigley

81 A.D.2d 1041, 441 N.Y.S.2d 435, 1981 N.Y. App. Div. LEXIS 11815

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

DecidedMay 27, 1981

StatusPublished

This text of 81 A.D.2d 1041 (People v. Bigley) 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. Bigley, 81 A.D.2d 1041, 441 N.Y.S.2d 435, 1981 N.Y. App. Div. LEXIS 11815 (N.Y. Ct. App. 1981).

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Opinion

— Appeal unanimously dismissed. Memorandum: Although defendant’s sentence to a one-year definite term as a nonviolent class C felony offender was illegal under section 70.00 of the Penal Law it was subsequently changed during resentencing proceedings to a term of probation for five years, a permitted sentence. The People’s contention that the one-year sentence is illegal is now moot and this appeal should be dismissed (see Sedita v Board of Educ., 43 NY2d 827; Matter of Mullins v State Bd. of Parole, 35 NY2d 992). (Appeal from order of Onondaga Supreme Court — vacate sentence.) Present — Dillon, P.J., Simons, Hancock, Jr., Doerr and Moule, JJ.

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— Appeal unanimously dismissed. Memorandum: Although defendant’s sentence to a one-year definite term as a nonviolent class C felony offender was illegal under section 70.00 of the Penal Law it was subsequently changed during resentencing proceedings to a term of probation for five years, a permitted sentence. The People’s contention that the one-year sentence is illegal is now moot and this appeal should be dismissed (see Sedita v Board of Educ., 43 NY2d 827; Matter of Mullins v State Bd. of Parole, 35 NY2d 992). (Appeal from order of Onondaga Supreme Court — vacate sentence.) Present — Dillon, P.J., Simons, Hancock, Jr., Doerr and Moule, JJ.

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Bluebook (online)

81 A.D.2d 1041, 441 N.Y.S.2d 435, 1981 N.Y. App. Div. LEXIS 11815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bigley-nyappdiv-1981.

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