People v. Brehm

Appellate Division of the Supreme Court of New York

People v. Brehm

51 A.D.2d 749, 380 N.Y.S.2d 624, 1976 N.Y. App. Div. LEXIS 11282

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

DecidedFebruary 9, 1976

StatusPublished

This text of 51 A.D.2d 749 (People v. Brehm) 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. Brehm, 51 A.D.2d 749, 380 N.Y.S.2d 624, 1976 N.Y. App. Div. LEXIS 11282 (N.Y. Ct. App. 1976).

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Opinion

Appeal by defendant (1) as limited by his brief, from a sentence of the County Court, Suffolk County, imposed May 31, 1974, upon his conviction of sodomy in the first degree (two counts), upon his plea of guilty, and (2) (by permission) from an order of the same court, entered March 17, 1975, which denied, without a hearing, his motion to correct the order of commitment. Sentence and order affirmed. The record on this appeal does not reflect any ambiguity with respect to the maximum sentence promised at plea and that which was imposed. The question of when defendant will be released from prison is controlled by the respective provisions of the Penal Law and lies within the control of the parole board. In light of the crimes charged, the sentence was not excessive. Latham, Acting P. J., Margett, Damiani, Christ and Hawkins, JJ., concur.

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Appeal by defendant (1) as limited by his brief, from a sentence of the County Court, Suffolk County, imposed May 31, 1974, upon his conviction of sodomy in the first degree (two counts), upon his plea of guilty, and (2) (by permission) from an order of the same court, entered March 17, 1975, which denied, without a hearing, his motion to correct the order of commitment. Sentence and order affirmed. The record on this appeal does not reflect any ambiguity with respect to the maximum sentence promised at plea and that which was imposed. The question of when defendant will be released from prison is controlled by the respective provisions of the Penal Law and lies within the control of the parole board. In light of the crimes charged, the sentence was not excessive. Latham, Acting P. J., Margett, Damiani, Christ and Hawkins, JJ., concur.

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Bluebook (online)

51 A.D.2d 749, 380 N.Y.S.2d 624, 1976 N.Y. App. Div. LEXIS 11282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brehm-nyappdiv-1976.