People v. DeWald

Appellate Division of the Supreme Court of New York

People v. DeWald

56 A.D.2d 562, 391 N.Y.S.2d 985, 1977 N.Y. App. Div. LEXIS 10579

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

DecidedFebruary 24, 1977

StatusPublished

This text of 56 A.D.2d 562 (People v. DeWald) 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. DeWald, 56 A.D.2d 562, 391 N.Y.S.2d 985, 1977 N.Y. App. Div. LEXIS 10579 (N.Y. Ct. App. 1977).

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Opinion

Judgment, Supreme Court, New York County, rendered June 18, 1976, convicting the defendant of two counts of rape in the first degree and one count of sodomy in the first degree, and sentencing him to concurrent indeterminate terms of 8 Vá to 25 years on one count of rape and the sodomy conviction, and to a consecutive indeterminate term of 8 Vi to 25 years on the remaining rape conviction, unanimously modified, on the law and in the exercise of discretion, to reduce the sentence to concurrent terms of 5 to 15 years on each of the counts, and, as so modified, affirmed. Pursuant to section 70.30 (subd 1, pars [b], [c]) of the Penal Law, the sentence with the consecutive terms would be 8 Vs to 30 years. In view of the circumstances in which these crimes occurred, we deem such sentence to be excessive to the extent indicated. Concur—Kupferman, J. P., Birns, Capozzoli and Markewich, JJ.

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Judgment, Supreme Court, New York County, rendered June 18, 1976, convicting the defendant of two counts of rape in the first degree and one count of sodomy in the first degree, and sentencing him to concurrent indeterminate terms of 8 Vá to 25 years on one count of rape and the sodomy conviction, and to a consecutive indeterminate term of 8 Vi to 25 years on the remaining rape conviction, unanimously modified, on the law and in the exercise of discretion, to reduce the sentence to concurrent terms of 5 to 15 years on each of the counts, and, as so modified, affirmed. Pursuant to section 70.30 (subd 1, pars [b], [c]) of the Penal Law, the sentence with the consecutive terms would be 8 Vs to 30 years. In view of the circumstances in which these crimes occurred, we deem such sentence to be excessive to the extent indicated. Concur—Kupferman, J. P., Birns, Capozzoli and Markewich, JJ.

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Bluebook (online)

56 A.D.2d 562, 391 N.Y.S.2d 985, 1977 N.Y. App. Div. LEXIS 10579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dewald-nyappdiv-1977.