People v. Cherry

Appellate Division of the Supreme Court of New York

People v. Cherry

16 A.D.2d 960, 229 N.Y.S.2d 812, 1962 N.Y. App. Div. LEXIS 9156

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

DecidedJune 18, 1962

StatusPublished

This text of 16 A.D.2d 960 (People v. Cherry) 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. Cherry, 16 A.D.2d 960, 229 N.Y.S.2d 812, 1962 N.Y. App. Div. LEXIS 9156 (N.Y. Ct. App. 1962).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Kings County, rendered January 15, 1960 after a jury trial, convicting him of grand larceny in the first degree and assault in the second degree, and sentencing him to serve concurrent terms of 5 to 10 years on the grand larceny count and 2% to 5 years on the assault count. Defendant appeals on the sole ground that the sentence was excessive. Judgment affirmed. In our opinion, on the basis of this record the trial court did not abuse its discretion in imposing the sentence upon defendant. For the crimes committed, such sentence was within the limits prescribed by the applicable statutes (Penal Law, §§ 243, 1295). Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Kings County, rendered January 15, 1960 after a jury trial, convicting him of grand larceny in the first degree and assault in the second degree, and sentencing him to serve concurrent terms of 5 to 10 years on the grand larceny count and 2% to 5 years on the assault count. Defendant appeals on the sole ground that the sentence was excessive. Judgment affirmed. In our opinion, on the basis of this record the trial court did not abuse its discretion in imposing the sentence upon defendant. For the crimes committed, such sentence was within the limits prescribed by the applicable statutes (Penal Law, §§ 243, 1295). Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

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Bluebook (online)

16 A.D.2d 960, 229 N.Y.S.2d 812, 1962 N.Y. App. Div. LEXIS 9156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cherry-nyappdiv-1962.