People v. Florence

Appellate Division of the Supreme Court of New York

People v. Florence

45 A.D.2d 743, 356 N.Y.S.2d 666, 1974 N.Y. App. Div. LEXIS 4714

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

DecidedJune 17, 1974

StatusPublished

Cited by5 cases

This text of 45 A.D.2d 743 (People v. Florence) 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. Florence, 45 A.D.2d 743, 356 N.Y.S.2d 666, 1974 N.Y. App. Div. LEXIS 4714 (N.Y. Ct. App. 1974).

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Opinion

Appeal by defendant, as limited by his brief, from a sentence of the County Court, Orange County, rendered February 13, 1973, committing him to an indeterminate prison term not to exceed five years, upon a conviction of criminal possession of a dangerous drug in the fifth degree, upon a guilty plea. Sentence reversed, on the law, and case remitted to the County Court for resentencing in accordance with the views herein set forth. Defendant was convicted of a class E felony and sentenced to a prison term with a five-year maximum. Section 70.00 (subd. 2, par. [e]) of the Penal Law, however, provides that the maximum term of an indeterminate sentence for a class E felony shall not exceed four years. Thus, the sentence imposed exceeds [744]*744the statutory maximum. Accordingly, defendant must he resentenced. Hopkins, Acting P. J., Cohalan, Christ, Benjamin and Munder, JJ., concur.

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Appeal by defendant, as limited by his brief, from a sentence of the County Court, Orange County, rendered February 13, 1973, committing him to an indeterminate prison term not to exceed five years, upon a conviction of criminal possession of a dangerous drug in the fifth degree, upon a guilty plea. Sentence reversed, on the law, and case remitted to the County Court for resentencing in accordance with the views herein set forth. Defendant was convicted of a class E felony and sentenced to a prison term with a five-year maximum. Section 70.00 (subd. 2, par. [e]) of the Penal Law, however, provides that the maximum term of an indeterminate sentence for a class E felony shall not exceed four years. Thus, the sentence imposed exceeds [744]*744the statutory maximum. Accordingly, defendant must he resentenced. Hopkins, Acting P. J., Cohalan, Christ, Benjamin and Munder, JJ., concur.

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Bluebook (online)

45 A.D.2d 743, 356 N.Y.S.2d 666, 1974 N.Y. App. Div. LEXIS 4714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-florence-nyappdiv-1974.

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