People v. Delponte

Appellate Division of the Supreme Court of New York

People v. Delponte

105 A.D.2d 799, 481 N.Y.S.2d 649, 1984 N.Y. App. Div. LEXIS 20918

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

DecidedNovember 19, 1984

StatusPublished

This text of 105 A.D.2d 799 (People v. Delponte) 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. Delponte, 105 A.D.2d 799, 481 N.Y.S.2d 649, 1984 N.Y. App. Div. LEXIS 20918 (N.Y. Ct. App. 1984).

Pincite

Opinion

Appeal by defendant, as limited by her motion, from a sentence of the County Court, Nassau County (Santagata, J.), imposed February 24, 1984, upon her conviction of reckless endangerment in the second degree and operating a motor vehicle while under the influence of alcohol or drugs, after a plea of guilty, the sentence being a definite term of imprisonment of six months on the first count and a fine of $250 and the suspension of her driver’s license for 90 days on the second count.

Sentence modified, as a matter of discretion in the interest of justice, by deleting the term of incarceration and substituting therefor a period of probation of three years. As so modified, sentence affirmed and matter remitted to the County Court, Nassau County, to fix the terms and conditions of probation and for further proceedings pursuant to CPL 460.50 (subd 5).

The sentence imposed was excessive to the extent indicated. Moflen, P. J., Titone, Mangano and Weinstein, JJ., concur.

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Appeal by defendant, as limited by her motion, from a sentence of the County Court, Nassau County (Santagata, J.), imposed February 24, 1984, upon her conviction of reckless endangerment in the second degree and operating a motor vehicle while under the influence of alcohol or drugs, after a plea of guilty, the sentence being a definite term of imprisonment of six months on the first count and a fine of $250 and the suspension of her driver’s license for 90 days on the second count.

Sentence modified, as a matter of discretion in the interest of justice, by deleting the term of incarceration and substituting therefor a period of probation of three years. As so modified, sentence affirmed and matter remitted to the County Court, Nassau County, to fix the terms and conditions of probation and for further proceedings pursuant to CPL 460.50 (subd 5).

The sentence imposed was excessive to the extent indicated. Moflen, P. J., Titone, Mangano and Weinstein, JJ., concur.

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Bluebook (online)

105 A.D.2d 799, 481 N.Y.S.2d 649, 1984 N.Y. App. Div. LEXIS 20918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-delponte-nyappdiv-1984.