People v. Fox

Appellate Division of the Supreme Court of New York

People v. Fox

31 A.D.2d 632, 297 N.Y.S.2d 501, 1968 N.Y. App. Div. LEXIS 2800

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

DecidedDecember 2, 1968

StatusPublished

This text of 31 A.D.2d 632 (People v. Fox) 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. Fox, 31 A.D.2d 632, 297 N.Y.S.2d 501, 1968 N.Y. App. Div. LEXIS 2800 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment of the County Court, Nassau County, rendered February 16, 1968, modified, on the law and the facts, by reducing the sentence on the first count of the indictment to the time served. As so modified, judgment affirmed. On May 14, 1968, by which date defendant had been incarcerated somewhat less than five months, he was released from the County Jail under a certificate of reasonable doubt. On May 17, 1968 he was notified by the Board of Parole by mail that he would be paroled on May 22, 1968, but that decision of the board was invalidated because of defendant’s said release from custody. On the argument of this appeal, defendant consented that this court obtain and consider a supplemental probation report covering the period since his sentence. This we have done. In our opinion, upon the whole record as thus supplemented. [633]*633the interests of justice will be best served by reducing the sentence on the first count to the time served and leaving defendant on probation as provided in the sentence on the second count. Beldoek, P. J., Christ, Hopkins, Munder and Martuseello, JJ., concur.

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

Judgment of the County Court, Nassau County, rendered February 16, 1968, modified, on the law and the facts, by reducing the sentence on the first count of the indictment to the time served. As so modified, judgment affirmed. On May 14, 1968, by which date defendant had been incarcerated somewhat less than five months, he was released from the County Jail under a certificate of reasonable doubt. On May 17, 1968 he was notified by the Board of Parole by mail that he would be paroled on May 22, 1968, but that decision of the board was invalidated because of defendant’s said release from custody. On the argument of this appeal, defendant consented that this court obtain and consider a supplemental probation report covering the period since his sentence. This we have done. In our opinion, upon the whole record as thus supplemented. [633]*633the interests of justice will be best served by reducing the sentence on the first count to the time served and leaving defendant on probation as provided in the sentence on the second count. Beldoek, P. J., Christ, Hopkins, Munder and Martuseello, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

31 A.D.2d 632, 297 N.Y.S.2d 501, 1968 N.Y. App. Div. LEXIS 2800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fox-nyappdiv-1968.