People v. Cecil

Appellate Division of the Supreme Court of New York

People v. Cecil

19 A.D.2d 829, 243 N.Y.S.2d 577, 1963 N.Y. App. Div. LEXIS 3169

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

DecidedOctober 7, 1963

StatusPublished

This text of 19 A.D.2d 829 (People v. Cecil) 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. Cecil, 19 A.D.2d 829, 243 N.Y.S.2d 577, 1963 N.Y. App. Div. LEXIS 3169 (N.Y. Ct. App. 1963).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 27, 1963 on his plea of guilty, convicting him of selling lottery tickets (Penal Law, § 1373) and sentencing him to [830]*830serve six months in the New York City Penitentiary. Defendant contends that his sentence was excessive; he raises no other question.- Judgment modified on the facts by reducing defendant’s sentence to the time already served. As so modified, the judgment affirmed, defendant discharged, and' bail exonerated. In our opinion, the sentence originally imposed constituted a proper exercise of discretion. However, in view of the defendant’s severe physical illness, it is in the interests of substantial justice that the sentence be reduced to the time already served. Beldoek, P. J., Kleinfeld, Christ, Brennan and Rabin, JJ.,- concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 27, 1963 on his plea of guilty, convicting him of selling lottery tickets (Penal Law, § 1373) and sentencing him to [830]*830serve six months in the New York City Penitentiary. Defendant contends that his sentence was excessive; he raises no other question.- Judgment modified on the facts by reducing defendant’s sentence to the time already served. As so modified, the judgment affirmed, defendant discharged, and' bail exonerated. In our opinion, the sentence originally imposed constituted a proper exercise of discretion. However, in view of the defendant’s severe physical illness, it is in the interests of substantial justice that the sentence be reduced to the time already served. Beldoek, P. J., Kleinfeld, Christ, Brennan and Rabin, JJ.,- concur.

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Bluebook (online)

19 A.D.2d 829, 243 N.Y.S.2d 577, 1963 N.Y. App. Div. LEXIS 3169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cecil-nyappdiv-1963.