People v. Carfora

Appellate Division of the Supreme Court of New York

People v. Carfora

43 A.D.2d 719, 350 N.Y.S.2d 1006, 1973 N.Y. App. Div. LEXIS 2877

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

DecidedDecember 17, 1973

StatusPublished

This text of 43 A.D.2d 719 (People v. Carfora) 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. Carfora, 43 A.D.2d 719, 350 N.Y.S.2d 1006, 1973 N.Y. App. Div. LEXIS 2877 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal by defendant, as limited by his brief, from a sentence of the County Court, Nassau County, rendered February 16, 1973, which imposed upon him an indeterminate prison term not to exceed three years, upon his plea of guilty of robbery in the third degree, a class D felony. Sentence modified, as a matter of discretion in the interest of justice, by changing it to a certification of defendant to the care and custody of the Drug Abuse Control Commission (formerly the Narcotic Addiction Control Commission) for a period of not more than 60 months or defendant’s earlier discharge by the commission as rehabilitated, and to run concurrently with a sentence previously imposed by the County Court, Suffolk County, on September 25, 1972. Under all the circumstances herein, we are of the opinion that the sentence imposed was inappropriate and constituted an improvident exercise of discretion. Hopkins, Acting P. J., Munder, Latham, Shapiro and Brennan, JJ., concur.

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Appeal by defendant, as limited by his brief, from a sentence of the County Court, Nassau County, rendered February 16, 1973, which imposed upon him an indeterminate prison term not to exceed three years, upon his plea of guilty of robbery in the third degree, a class D felony. Sentence modified, as a matter of discretion in the interest of justice, by changing it to a certification of defendant to the care and custody of the Drug Abuse Control Commission (formerly the Narcotic Addiction Control Commission) for a period of not more than 60 months or defendant’s earlier discharge by the commission as rehabilitated, and to run concurrently with a sentence previously imposed by the County Court, Suffolk County, on September 25, 1972. Under all the circumstances herein, we are of the opinion that the sentence imposed was inappropriate and constituted an improvident exercise of discretion. Hopkins, Acting P. J., Munder, Latham, Shapiro and Brennan, JJ., concur.

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Bluebook (online)

43 A.D.2d 719, 350 N.Y.S.2d 1006, 1973 N.Y. App. Div. LEXIS 2877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carfora-nyappdiv-1973.