People v. Gallella

Appellate Division of the Supreme Court of New York

People v. Gallella

25 A.D.2d 625, 268 N.Y.S.2d 972, 1966 N.Y. App. Div. LEXIS 4807

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

DecidedMarch 8, 1966

StatusPublished

This text of 25 A.D.2d 625 (People v. Gallella) 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. Gallella, 25 A.D.2d 625, 268 N.Y.S.2d 972, 1966 N.Y. App. Div. LEXIS 4807 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment convicting defendant of a violation of section 1141 of the Penal Law, and sentence thereon, unanimously modified, on the law, on the facts and in the exercise of discretion, to eliminate from the sentence the direction that the defendant pay a fine and to reduce the sentence of imprisonment to the time already served by defendant; and the judgment, as so modified, is affirmed. Giving due consideration to all the circumstances, the sentence, as imposed, was excessive. In the interests of justice including the taking into consideration of the time lapse since the imposition of the sentence, we have concluded that the sentence should be reduced as aforesaid.

Concur — Breitel, J. P., Rabin, McNally, Eager and Staley, JJ.

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Judgment convicting defendant of a violation of section 1141 of the Penal Law, and sentence thereon, unanimously modified, on the law, on the facts and in the exercise of discretion, to eliminate from the sentence the direction that the defendant pay a fine and to reduce the sentence of imprisonment to the time already served by defendant; and the judgment, as so modified, is affirmed. Giving due consideration to all the circumstances, the sentence, as imposed, was excessive. In the interests of justice including the taking into consideration of the time lapse since the imposition of the sentence, we have concluded that the sentence should be reduced as aforesaid.

Concur — Breitel, J. P., Rabin, McNally, Eager and Staley, JJ.

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Bluebook (online)

25 A.D.2d 625, 268 N.Y.S.2d 972, 1966 N.Y. App. Div. LEXIS 4807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gallella-nyappdiv-1966.