People v. Cerullo

Appellate Division of the Supreme Court of New York

People v. Cerullo

51 A.D.2d 554, 378 N.Y.S.2d 440, 1976 N.Y. App. Div. LEXIS 10810

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

DecidedJanuary 19, 1976

StatusPublished

This text of 51 A.D.2d 554 (People v. Cerullo) 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. Cerullo, 51 A.D.2d 554, 378 N.Y.S.2d 440, 1976 N.Y. App. Div. LEXIS 10810 (N.Y. Ct. App. 1976).

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Opinion

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered July 9, 1974, convicting him of manslaughter in the first degree, upon a jury verdict, and sentencing him to an indeterminate term of imprisonment with a maximum of 25 years and a minimum of 8 years. Judgment affirmed. No opinion. Rabin, Acting P. J., Martuscello and Christ, JJ., concur; Cohalan and Shapiro, JJ., concur as to the affirmance of the conviction, but otherwise dissent and vote to modify the sentence by reducing it to an indeterminate term of imprisonment with a maximum of 12 years and a minimum of 4 years, with the following memorandum: Under all of the circumstances in this case and, more particularly, in light of defendant’s record prior to this crime and his emotionally erratic behavior in his relationship with his former wife, as appears in the record herein and in the presentence probation report, we believe that a modification of the sentence is called for.

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Appeal by defendant from a judgment of the County Court, Suffolk County, rendered July 9, 1974, convicting him of manslaughter in the first degree, upon a jury verdict, and sentencing him to an indeterminate term of imprisonment with a maximum of 25 years and a minimum of 8 years. Judgment affirmed. No opinion. Rabin, Acting P. J., Martuscello and Christ, JJ., concur; Cohalan and Shapiro, JJ., concur as to the affirmance of the conviction, but otherwise dissent and vote to modify the sentence by reducing it to an indeterminate term of imprisonment with a maximum of 12 years and a minimum of 4 years, with the following memorandum: Under all of the circumstances in this case and, more particularly, in light of defendant’s record prior to this crime and his emotionally erratic behavior in his relationship with his former wife, as appears in the record herein and in the presentence probation report, we believe that a modification of the sentence is called for.

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Bluebook (online)

51 A.D.2d 554, 378 N.Y.S.2d 440, 1976 N.Y. App. Div. LEXIS 10810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cerullo-nyappdiv-1976.