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

Appellate Division of the Supreme Court of the State of New York·Decided December 8, 1980·Published

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.

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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