People v. Crespo

Appellate Division of the Supreme Court of New York

People v. Crespo

37 A.D.2d 767, 324 N.Y.S.2d 753, 1971 N.Y. App. Div. LEXIS 3397

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

DecidedSeptember 28, 1971

StatusPublished

This text of 37 A.D.2d 767 (People v. Crespo) 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. Crespo, 37 A.D.2d 767, 324 N.Y.S.2d 753, 1971 N.Y. App. Div. LEXIS 3397 (N.Y. Ct. App. 1971).

Pincite

Opinion

Judgments, Supreme Court, Bronx County, rendered May 15, 1970, after a jury trial, convicting defendants-appellants of attempted assault, second degree (Penal Law, §§ 110.00,120.05) and coercion, second degree (Penal Law, § 135.60), unanimously modified, on the law and the facts, by reducing the attempted assault in the second degree to assault third degree, by dismissing the coercion count and by unconditionally discharging the defendants, and as so modified, the judgments are affirmed. The record does not sustain the [768]*768judgment as to the crimes found by the jury but amply sustains a conviction of both defendants to the crime of assault, third degree. (Code Grim. Pro., § 543, subd. 2.) In view of the reduction to a misdemeanor, the sentence should be modified to give credit for the time the defendants have been on probation and the defendants are therefore unconditionally discharged. Concur — MeGivern, J. P., Markewich, Nunez, Kupferman and Murphy, JJ.

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Judgments, Supreme Court, Bronx County, rendered May 15, 1970, after a jury trial, convicting defendants-appellants of attempted assault, second degree (Penal Law, §§ 110.00,120.05) and coercion, second degree (Penal Law, § 135.60), unanimously modified, on the law and the facts, by reducing the attempted assault in the second degree to assault third degree, by dismissing the coercion count and by unconditionally discharging the defendants, and as so modified, the judgments are affirmed. The record does not sustain the [768]*768judgment as to the crimes found by the jury but amply sustains a conviction of both defendants to the crime of assault, third degree. (Code Grim. Pro., § 543, subd. 2.) In view of the reduction to a misdemeanor, the sentence should be modified to give credit for the time the defendants have been on probation and the defendants are therefore unconditionally discharged. Concur — MeGivern, J. P., Markewich, Nunez, Kupferman and Murphy, JJ.

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Bluebook (online)

37 A.D.2d 767, 324 N.Y.S.2d 753, 1971 N.Y. App. Div. LEXIS 3397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-crespo-nyappdiv-1971.