People v. Fleming

Appellate Division of the Supreme Court of New York

People v. Fleming

76 A.D.2d 933, 428 N.Y.S.2d 1018, 1980 N.Y. App. Div. LEXIS 12039

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

DecidedJune 30, 1980

StatusPublished

This text of 76 A.D.2d 933 (People v. Fleming) 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. Fleming, 76 A.D.2d 933, 428 N.Y.S.2d 1018, 1980 N.Y. App. Div. LEXIS 12039 (N.Y. Ct. App. 1980).

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Opinion

Appeal by defendant from a judgment of the County [934]*934Court, Westchester County, rendered November 8, 1978, convicting him of assault in the second degree (two counts) and criminal possession of a weapon in the fourth degree, upon a jury verdict, and sentencing him to terms of imprisonment of 0 to 4 years on each assault count and one year on the possession count. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentences imposed to the time already served. As so modified, judgment affirmed. This case is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (subd 5). Defendant’s sentences were excessive to the extent indicated herein. Hopkins, J. P., Lazer, Gibbons and Weinstein, JJ., concur.

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Appeal by defendant from a judgment of the County [934]*934Court, Westchester County, rendered November 8, 1978, convicting him of assault in the second degree (two counts) and criminal possession of a weapon in the fourth degree, upon a jury verdict, and sentencing him to terms of imprisonment of 0 to 4 years on each assault count and one year on the possession count. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentences imposed to the time already served. As so modified, judgment affirmed. This case is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (subd 5). Defendant’s sentences were excessive to the extent indicated herein. Hopkins, J. P., Lazer, Gibbons and Weinstein, JJ., concur.

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Bluebook (online)

76 A.D.2d 933, 428 N.Y.S.2d 1018, 1980 N.Y. App. Div. LEXIS 12039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fleming-nyappdiv-1980.