People v. Britto

Appellate Division of the Supreme Court of New York

People v. Britto

51 A.D.2d 749, 379 N.Y.S.2d 459, 1976 N.Y. App. Div. LEXIS 11283

Appellate Division of the Supreme Court of the State of New York·Decided February 9, 1976·Published

Opinion

Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County, imposed March 25, 1975, convicting him of attempted burglary in the third degree, upon a plea of guilty, the sentence being an indeterminate term not to exceed four years. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a one-year term of imprisonment. As so modified, sentence affirmed. Under all of the circumstances of this case, and in the interest of justice, the sentence should be modified as above-indicated. Hopkins, Acting P. J., Cohalan, Rabin, Shapiro and Titone, JJ., concur.

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Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County, imposed March 25, 1975, convicting him of attempted burglary in the third degree, upon a plea of guilty, the sentence being an indeterminate term not to exceed four years. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a one-year term of imprisonment. As so modified, sentence affirmed. Under all of the circumstances of this case, and in the interest of justice, the sentence should be modified as above-indicated. Hopkins, Acting P. J., Cohalan, Rabin, Shapiro and Titone, JJ., concur.

People v. Britto, 51 A.D.2d 749, 379 N.Y.S.2d 459, 1976 N.Y. App. Div. LEXIS 11283 (N.Y. Ct. App. 1976).

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