People v. Gibson

Appellate Division of the Supreme Court of New York

People v. Gibson

94 A.D.2d 975, 463 N.Y.S.2d 742, 1983 N.Y. App. Div. LEXIS 18473

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

DecidedMay 25, 1983

StatusPublished

This text of 94 A.D.2d 975 (People v. Gibson) 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. Gibson, 94 A.D.2d 975, 463 N.Y.S.2d 742, 1983 N.Y. App. Div. LEXIS 18473 (N.Y. Ct. App. 1983).

Pincite

Opinion

. Judgment unanimously affirmed. Memorandum: The transcript of defendant’s sentencing indicates that the court in imposing sentence stated that defendant was to serve “an indeterminate term, the minimum of which will be seven years and the maximum of which will be twenty-one years.” We note, however, that the commitment papers in the county clerk’s file set forth the minimum term as “seven and one half years.” The People concede that the sentencing transcript correctly reflects the court’s sentence. All records which have incorrectly recorded the sentence should be amended to state properly the court’s directive. (Appeal from judgment of Monroe County Court, Bergin, J. — manslaughter, first degree.) Present — Callahan, J. P., Doerr, Boomer, Green and Schnepp, JJ.

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. Judgment unanimously affirmed. Memorandum: The transcript of defendant’s sentencing indicates that the court in imposing sentence stated that defendant was to serve “an indeterminate term, the minimum of which will be seven years and the maximum of which will be twenty-one years.” We note, however, that the commitment papers in the county clerk’s file set forth the minimum term as “seven and one half years.” The People concede that the sentencing transcript correctly reflects the court’s sentence. All records which have incorrectly recorded the sentence should be amended to state properly the court’s directive. (Appeal from judgment of Monroe County Court, Bergin, J. — manslaughter, first degree.) Present — Callahan, J. P., Doerr, Boomer, Green and Schnepp, JJ.

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Bluebook (online)

94 A.D.2d 975, 463 N.Y.S.2d 742, 1983 N.Y. App. Div. LEXIS 18473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gibson-nyappdiv-1983.