People v. Christian

Appellate Division of the Supreme Court of New York

People v. Christian

40 A.D.2d 983, 337 N.Y.S.2d 1004, 1972 N.Y. App. Div. LEXIS 3199

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

DecidedDecember 4, 1972

StatusPublished

This text of 40 A.D.2d 983 (People v. Christian) 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. Christian, 40 A.D.2d 983, 337 N.Y.S.2d 1004, 1972 N.Y. App. Div. LEXIS 3199 (N.Y. Ct. App. 1972).

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Opinion

Appeal by defendant from two judgments of the Supreme Court, Queens County, both rendered March 19, 1971, on Indictment Nos. 1828/70 and 778/71, respectively, each convicting him of criminally selling a dangerous drug in the third degree, upon a plea of guilty, and imposing an indeterminate term of imprisonment of a maximum of five years, with the sentences to- run concurrently. Judgment on Indictment No. 778/71 affirmed. No opinion. Judgment on Indictment No. 1828/70 modified, on the law, by reducing the maximum term of imprisonment thereunder to four years; and this sentence shall continue to run concurrently with the sentence on Indictment No. 778/71. Defendant’s plea of guilty on Indictment No. 778/71 was to a class C felony. There was no mistake with respect thereto. A class C felony carries a permissible maximum of 15 years. Defendant was given a maximum sentence of five years. On Indictment No. 1828/70 defendant’s guilty plea was accepted as one to “ a class E felony ”, which has a permissible maximum of four years. The sentencing court was therefore in error when it imposed a sentence with a maximum of five .years on that indictment. Rabin, P. J., Munder, Martuscello, Latham and Shapiro, JJ., concur.

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Appeal by defendant from two judgments of the Supreme Court, Queens County, both rendered March 19, 1971, on Indictment Nos. 1828/70 and 778/71, respectively, each convicting him of criminally selling a dangerous drug in the third degree, upon a plea of guilty, and imposing an indeterminate term of imprisonment of a maximum of five years, with the sentences to- run concurrently. Judgment on Indictment No. 778/71 affirmed. No opinion. Judgment on Indictment No. 1828/70 modified, on the law, by reducing the maximum term of imprisonment thereunder to four years; and this sentence shall continue to run concurrently with the sentence on Indictment No. 778/71. Defendant’s plea of guilty on Indictment No. 778/71 was to a class C felony. There was no mistake with respect thereto. A class C felony carries a permissible maximum of 15 years. Defendant was given a maximum sentence of five years. On Indictment No. 1828/70 defendant’s guilty plea was accepted as one to “ a class E felony ”, which has a permissible maximum of four years. The sentencing court was therefore in error when it imposed a sentence with a maximum of five .years on that indictment. Rabin, P. J., Munder, Martuscello, Latham and Shapiro, JJ., concur.

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Bluebook (online)

40 A.D.2d 983, 337 N.Y.S.2d 1004, 1972 N.Y. App. Div. LEXIS 3199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-christian-nyappdiv-1972.