People v. Buford

Appellate Division of the Supreme Court of New York

People v. Buford

92 A.D.2d 549, 459 N.Y.S.2d 118, 1983 N.Y. App. Div. LEXIS 16776

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

DecidedFebruary 7, 1983

StatusPublished

This text of 92 A.D.2d 549 (People v. Buford) 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. Buford, 92 A.D.2d 549, 459 N.Y.S.2d 118, 1983 N.Y. App. Div. LEXIS 16776 (N.Y. Ct. App. 1983).

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Opinion

— Appeals by defendants from two judgments (one as to each of them) of the County Court, Westchester County (Leggett, J.), both rendered January 25, 1982, convicting them of grand larceny in the second degree, criminal possession of stolen property in the third degree, possession of burglar tools and trespass, upon jury verdicts, and sentencing them to prison terms for each of the crimes and one-year probation for the trespass violation. Judgments modified, on the law, by vacating the sentences for the trespass violations. As so modified, judgments affirmed and matters remitted to the County Court, Westchester County, for resentencing on the trespass violations. A sentence of probation may only be imposed for conviction of a crime (Penal Law, §§ 65.00,10.00, subd 6). Because a trespass is classified as a violation, probation is unavailable (Penal Law, § 140.05). Mollen, P. J., Weinstein, Bracken and Rubin, JJ., concur.

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— Appeals by defendants from two judgments (one as to each of them) of the County Court, Westchester County (Leggett, J.), both rendered January 25, 1982, convicting them of grand larceny in the second degree, criminal possession of stolen property in the third degree, possession of burglar tools and trespass, upon jury verdicts, and sentencing them to prison terms for each of the crimes and one-year probation for the trespass violation. Judgments modified, on the law, by vacating the sentences for the trespass violations. As so modified, judgments affirmed and matters remitted to the County Court, Westchester County, for resentencing on the trespass violations. A sentence of probation may only be imposed for conviction of a crime (Penal Law, §§ 65.00,10.00, subd 6). Because a trespass is classified as a violation, probation is unavailable (Penal Law, § 140.05). Mollen, P. J., Weinstein, Bracken and Rubin, JJ., concur.

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Bluebook (online)

92 A.D.2d 549, 459 N.Y.S.2d 118, 1983 N.Y. App. Div. LEXIS 16776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-buford-nyappdiv-1983.