People v. Calloway

Appellate Division of the Supreme Court of New York

People v. Calloway

56 A.D.2d 850, 391 N.Y.S.2d 1019, 1977 N.Y. App. Div. LEXIS 11193

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

DecidedMarch 7, 1977

StatusPublished

This text of 56 A.D.2d 850 (People v. Calloway) 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. Calloway, 56 A.D.2d 850, 391 N.Y.S.2d 1019, 1977 N.Y. App. Div. LEXIS 11193 (N.Y. Ct. App. 1977).

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Opinion

Appeal by defendant, as limited by his motion, from three sentences of the County Court, Suffolk County, all imposed April 19, 1976, upon his pleas of guilty to petit larceny (two counts) and burglary in the third degree, the sentences being definite terms of imprisonment of one year on the petit larceny convictions and an indeterminate term of imprisonment with a maximum of seven years on the burglary conviction, all sentences to run concurrently. Sentences imposed upon the convictions of petit larceny aflirmed. No opinion. Sentence imposed upon the conviction of burglary in the third degree modified, as a matter of discretion in the interest of justice, by reducing it to an indeterminate term of imprisonment with a maximum of four years. As so modified, the said sentence is affirmed. The sentence imposed upon the burglary conviction was excessive to the extent indicated herein. Cohalan, Acting P. J., Margett, Damiani and Rabin, JJ., concur.

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Appeal by defendant, as limited by his motion, from three sentences of the County Court, Suffolk County, all imposed April 19, 1976, upon his pleas of guilty to petit larceny (two counts) and burglary in the third degree, the sentences being definite terms of imprisonment of one year on the petit larceny convictions and an indeterminate term of imprisonment with a maximum of seven years on the burglary conviction, all sentences to run concurrently. Sentences imposed upon the convictions of petit larceny aflirmed. No opinion. Sentence imposed upon the conviction of burglary in the third degree modified, as a matter of discretion in the interest of justice, by reducing it to an indeterminate term of imprisonment with a maximum of four years. As so modified, the said sentence is affirmed. The sentence imposed upon the burglary conviction was excessive to the extent indicated herein. Cohalan, Acting P. J., Margett, Damiani and Rabin, JJ., concur.

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Bluebook (online)

56 A.D.2d 850, 391 N.Y.S.2d 1019, 1977 N.Y. App. Div. LEXIS 11193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-calloway-nyappdiv-1977.