People v. De Masi

Appellate Division of the Supreme Court of New York

People v. De Masi

50 A.D.2d 600, 375 N.Y.S.2d 162, 1975 N.Y. App. Div. LEXIS 12380

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

DecidedNovember 17, 1975

StatusPublished

This text of 50 A.D.2d 600 (People v. De Masi) 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. De Masi, 50 A.D.2d 600, 375 N.Y.S.2d 162, 1975 N.Y. App. Div. LEXIS 12380 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Appeal by defendant, as limited by his brief, from a sentence of the County Court, Suffolk County, imposed February 5, 1974, upon a conviction of attempted conspiracy in the first degree, on his plea of guilty, the sentence being a jail term of one year. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a five-[601]*601year period of probation and case remanded to the County Court to fix the conditions of probation and for proceedings to direct appellant to surrender himself to said court in order that execution of the judgment be commenced or resumed (CPL 460.50, subd 5). In our opinion, defendant should have been sentenced to a period of probation. Rabin, Acting P. J., Hopkins, Brennan, Munder and Shapiro, JJ., concur.

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— Appeal by defendant, as limited by his brief, from a sentence of the County Court, Suffolk County, imposed February 5, 1974, upon a conviction of attempted conspiracy in the first degree, on his plea of guilty, the sentence being a jail term of one year. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a five-[601]*601year period of probation and case remanded to the County Court to fix the conditions of probation and for proceedings to direct appellant to surrender himself to said court in order that execution of the judgment be commenced or resumed (CPL 460.50, subd 5). In our opinion, defendant should have been sentenced to a period of probation. Rabin, Acting P. J., Hopkins, Brennan, Munder and Shapiro, JJ., concur.

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Bluebook (online)

50 A.D.2d 600, 375 N.Y.S.2d 162, 1975 N.Y. App. Div. LEXIS 12380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-masi-nyappdiv-1975.