People v. Fernandez

Appellate Division of the Supreme Court of New York

People v. Fernandez

47 A.D.2d 607, 363 N.Y.S.2d 826, 1975 N.Y. App. Div. LEXIS 8743

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

DecidedFebruary 4, 1975

StatusPublished

This text of 47 A.D.2d 607 (People v. Fernandez) 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. Fernandez, 47 A.D.2d 607, 363 N.Y.S.2d 826, 1975 N.Y. App. Div. LEXIS 8743 (N.Y. Ct. App. 1975).

Pincite

Opinion

Judgment, Supreme Court,.Bronx County, rendered, on July 30, 1973, convicting defendant, upon-his plea of giiilty, of the crime of • manslaughter, first degree, and sentencing him to a term of from 4 to 12 years in prison, unanimously modified, id the exercise of- discretion, to the extent of eliminating the minimum term frop such sentence, and ah so modified the judgment is affirmed. Upon review of the record and the probation report, and t upon due consideration of all the circumstances herein, we .conclude that the imposition of a minimum sentence pursuant to section 70.09- (subd. 3, par. [608]*608[b]) of the Penal Law was inappropriate and constituted an improvident exercise of discretion. Concur— Stevens, J. P., Murphy, Lane, Nunez and Yesawich, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court,.Bronx County, rendered, on July 30, 1973, convicting defendant, upon-his plea of giiilty, of the crime of • manslaughter, first degree, and sentencing him to a term of from 4 to 12 years in prison, unanimously modified, id the exercise of- discretion, to the extent of eliminating the minimum term frop such sentence, and ah so modified the judgment is affirmed. Upon review of the record and the probation report, and t upon due consideration of all the circumstances herein, we .conclude that the imposition of a minimum sentence pursuant to section 70.09- (subd. 3, par. [608]*608[b]) of the Penal Law was inappropriate and constituted an improvident exercise of discretion. Concur— Stevens, J. P., Murphy, Lane, Nunez and Yesawich, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

47 A.D.2d 607, 363 N.Y.S.2d 826, 1975 N.Y. App. Div. LEXIS 8743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fernandez-nyappdiv-1975.