People v. Christmas

Appellate Division of the Supreme Court of New York

People v. Christmas

72 A.D.2d 664, 422 N.Y.S.2d 893, 1979 N.Y. App. Div. LEXIS 13818

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

DecidedOctober 26, 1979

StatusPublished

This text of 72 A.D.2d 664 (People v. Christmas) 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. Christmas, 72 A.D.2d 664, 422 N.Y.S.2d 893, 1979 N.Y. App. Div. LEXIS 13818 (N.Y. Ct. App. 1979).

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Opinion

Judgment insofar as it imposes sentence unanimously modified in accordance with memorandum and, as modified, affirmed. Memorandum: Defendant was sentenced on March 3, 1977 to five years’ probation on his plea of guilty to criminally negligent homicide. On January 30, 1979 defendant on his own admission was found guilty of violating the terms of his probation in that hé moved from his previous address without advising his probation officer. For such violation he was sentenced to an indeterminate term of 0 to 4 years. Under the circumstances the sentence is modified in the interest of justice as a matter of discretion to time served. (CPL 470.15, subd 3, par [c].) (Appeal from judgment of Erie Supreme Court&emdash;criminally negligent homicide.) Present&emdash;Cardamone, J. P., Simons, Hancock, Jr., Callahan and Moule, JJ.

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Judgment insofar as it imposes sentence unanimously modified in accordance with memorandum and, as modified, affirmed. Memorandum: Defendant was sentenced on March 3, 1977 to five years’ probation on his plea of guilty to criminally negligent homicide. On January 30, 1979 defendant on his own admission was found guilty of violating the terms of his probation in that hé moved from his previous address without advising his probation officer. For such violation he was sentenced to an indeterminate term of 0 to 4 years. Under the circumstances the sentence is modified in the interest of justice as a matter of discretion to time served. (CPL 470.15, subd 3, par [c].) (Appeal from judgment of Erie Supreme Court&emdash;criminally negligent homicide.) Present&emdash;Cardamone, J. P., Simons, Hancock, Jr., Callahan and Moule, JJ.

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Bluebook (online)

72 A.D.2d 664, 422 N.Y.S.2d 893, 1979 N.Y. App. Div. LEXIS 13818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-christmas-nyappdiv-1979.