People v. Frey

Appellate Division of the Supreme Court of New York

People v. Frey

112 A.D.2d 48, 490 N.Y.S.2d 1018, 1985 N.Y. App. Div. LEXIS 50697

Procedural entryThis page is a short order in People v. Frey. Read the opinion of the Court — 100 A.D.2d 728 →

Appellate Division of the Supreme Court of the State of New York·Decided June 4, 1985·Published

Opinion

Judgment unanimously modified, as a matter of discretion in the interest of justice by vacating the sentence imposed as a persistent felony offender and by sentencing defendant as a second felony offender to an indeterminate term having a maximum term of 10 years and a minimum term [49]*49of 5 years (Penal Law § 70.06 [3] [c]; [4] [b]; CPL 470.15 [3] [c]), and otherwise, judgment affirmed. (Appeal from judgment of Supreme Court, Monroe County, Reed, J. — burglary, second degree.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Schnepp, JJ.

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Judgment unanimously modified, as a matter of discretion in the interest of justice by vacating the sentence imposed as a persistent felony offender and by sentencing defendant as a second felony offender to an indeterminate term having a maximum term of 10 years and a minimum term [49]*49of 5 years (Penal Law § 70.06 [3] [c]; [4] [b]; CPL 470.15 [3] [c]), and otherwise, judgment affirmed. (Appeal from judgment of Supreme Court, Monroe County, Reed, J. — burglary, second degree.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Schnepp, JJ.

People v. Frey, 112 A.D.2d 48, 490 N.Y.S.2d 1018, 1985 N.Y. App. Div. LEXIS 50697 (N.Y. Ct. App. 1985).

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Opinion

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