People v. Eisworth

Appellate Division of the Supreme Court of New York

People v. Eisworth

65 A.D.2d 960, 411 N.Y.S.2d 550, 1978 N.Y. App. Div. LEXIS 13896

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

DecidedNovember 10, 1978

StatusPublished

This text of 65 A.D.2d 960 (People v. Eisworth) 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. Eisworth, 65 A.D.2d 960, 411 N.Y.S.2d 550, 1978 N.Y. App. Div. LEXIS 13896 (N.Y. Ct. App. 1978).

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Opinion

—Judgment unanimously modified, on the law and facts and in the interest of justice, by reducing the sentence to a one-year definite sentence in the Orleans County Jail and, as so modified, affirmed. Memorandum: Giving consideration to all the surrounding facts and circumstances, we feel that the sentence imposed by the trial court (an indeterminate sentence with a maximum of seven years) was excessive and constituted an improvident exercise of discretion. We, therefore, reduce the sentence pursuant to the provisions of CPL 470.15 (subd 2, par [c]). (See People v Snyder, 40 AD2d 754.) (Appeal from judgment of Orleans County Court — criminal possession of controlled substance, sixth degree.) Present— Marsh, P. J., Cardamone, Simons, Hancock, Jr., and Schnepp, JJ.

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—Judgment unanimously modified, on the law and facts and in the interest of justice, by reducing the sentence to a one-year definite sentence in the Orleans County Jail and, as so modified, affirmed. Memorandum: Giving consideration to all the surrounding facts and circumstances, we feel that the sentence imposed by the trial court (an indeterminate sentence with a maximum of seven years) was excessive and constituted an improvident exercise of discretion. We, therefore, reduce the sentence pursuant to the provisions of CPL 470.15 (subd 2, par [c]). (See People v Snyder, 40 AD2d 754.) (Appeal from judgment of Orleans County Court — criminal possession of controlled substance, sixth degree.) Present— Marsh, P. J., Cardamone, Simons, Hancock, Jr., and Schnepp, JJ.

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Bluebook (online)

65 A.D.2d 960, 411 N.Y.S.2d 550, 1978 N.Y. App. Div. LEXIS 13896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-eisworth-nyappdiv-1978.

Opinion

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