People v. Fitzpatrick

Appellate Division of the Supreme Court of New York

People v. Fitzpatrick

33 A.D.2d 704, 306 N.Y.S.2d 262, 1969 N.Y. App. Div. LEXIS 2815

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

DecidedNovember 24, 1969

StatusPublished

This text of 33 A.D.2d 704 (People v. Fitzpatrick) 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. Fitzpatrick, 33 A.D.2d 704, 306 N.Y.S.2d 262, 1969 N.Y. App. Div. LEXIS 2815 (N.Y. Ct. App. 1969).

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Opinion

— Judgment of the County Court, Nassau County, rendered January 22, 1969, modified, on the law, by striking therefrom the condition attached to the sentence of unconditional discharge. As so modified, judgment affirmed. The findings of fact below are affirmed. A sentence of discharge must be either conditional or unconditional; it may not, in our opinion, be both at the same time (cf. Penal Law, §§ 65.05, 65.20). Beldock, P. J., Christ, Munder, Martuseello and Kleinfeld, JJ., concur.

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— Judgment of the County Court, Nassau County, rendered January 22, 1969, modified, on the law, by striking therefrom the condition attached to the sentence of unconditional discharge. As so modified, judgment affirmed. The findings of fact below are affirmed. A sentence of discharge must be either conditional or unconditional; it may not, in our opinion, be both at the same time (cf. Penal Law, §§ 65.05, 65.20). Beldock, P. J., Christ, Munder, Martuseello and Kleinfeld, JJ., concur.

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Bluebook (online)

33 A.D.2d 704, 306 N.Y.S.2d 262, 1969 N.Y. App. Div. LEXIS 2815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fitzpatrick-nyappdiv-1969.