People v. Correa

Appellate Division of the Supreme Court of New York

People v. Correa

79 A.D.2d 640, 434 N.Y.S.2d 902, 1980 N.Y. App. Div. LEXIS 13997

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

DecidedDecember 8, 1980

StatusPublished

This text of 79 A.D.2d 640 (People v. Correa) 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. Correa, 79 A.D.2d 640, 434 N.Y.S.2d 902, 1980 N.Y. App. Div. LEXIS 13997 (N.Y. Ct. App. 1980).

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Opinion

Appeal by defendant, as limited by his motion, from two sentences of the County Court, Suffolk County, both imposed January 8, 1980, upon his convic[641]*641tions for criminal possession of a controlled substance in the fifth degree and assault in the first degree, upon pleas of guilty, the sentences being concurrent terms of imprisonment of 0 to 10 years and 5 to 15 years, respectively. Sentences modified, as a matter of discretion in the interest of justice, by reducing the sentence for assault in the first degree to a prison term of from 3% to 10 years. As so modified, sentences affirmed. The sentence for assault in the first degree was excessive to the extent indicated. Rabin, J. P., Gulotta and Margett, JJ., concur; Cohalan, J., dissents and votes to affirm the sentences.

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Appeal by defendant, as limited by his motion, from two sentences of the County Court, Suffolk County, both imposed January 8, 1980, upon his convic[641]*641tions for criminal possession of a controlled substance in the fifth degree and assault in the first degree, upon pleas of guilty, the sentences being concurrent terms of imprisonment of 0 to 10 years and 5 to 15 years, respectively. Sentences modified, as a matter of discretion in the interest of justice, by reducing the sentence for assault in the first degree to a prison term of from 3% to 10 years. As so modified, sentences affirmed. The sentence for assault in the first degree was excessive to the extent indicated. Rabin, J. P., Gulotta and Margett, JJ., concur; Cohalan, J., dissents and votes to affirm the sentences.

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Bluebook (online)

79 A.D.2d 640, 434 N.Y.S.2d 902, 1980 N.Y. App. Div. LEXIS 13997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-correa-nyappdiv-1980.