People v. Goar

Appellate Division of the Supreme Court of New York

People v. Goar

49 A.D.2d 912, 374 N.Y.S.2d 32, 1975 N.Y. App. Div. LEXIS 11165

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

DecidedOctober 14, 1975

StatusPublished

This text of 49 A.D.2d 912 (People v. Goar) 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. Goar, 49 A.D.2d 912, 374 N.Y.S.2d 32, 1975 N.Y. App. Div. LEXIS 11165 (N.Y. Ct. App. 1975).

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Opinion

Appeal by defenant from a judgment of the County Court, Suffolk County, rendered December 2,1974, convicting her of the crime of robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed as to the conviction; judgment reversed as to the sentence, on the law; and case remanded to the County Court for resentencing in accordance with the provisions of section 70.00 (subd 3, par [b]) of the Penal Law. The County Court imposed an indeterminate sentence with a one-year minimum upon defendant’s conviction of a Class B felony, stating that such sentence was required "by operation of law”. However, the imposition of minimum sentences for such felonies are discretionary and must be accompanied by reasons set forth in the record when so imposed. Defendant is entitled to the benefit of the statute. Rabin, Acting P. J., Hopkins, Latham, Christ and Brennan, JJ., concur.

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Appeal by defenant from a judgment of the County Court, Suffolk County, rendered December 2,1974, convicting her of the crime of robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed as to the conviction; judgment reversed as to the sentence, on the law; and case remanded to the County Court for resentencing in accordance with the provisions of section 70.00 (subd 3, par [b]) of the Penal Law. The County Court imposed an indeterminate sentence with a one-year minimum upon defendant’s conviction of a Class B felony, stating that such sentence was required "by operation of law”. However, the imposition of minimum sentences for such felonies are discretionary and must be accompanied by reasons set forth in the record when so imposed. Defendant is entitled to the benefit of the statute. Rabin, Acting P. J., Hopkins, Latham, Christ and Brennan, JJ., concur.

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Bluebook (online)

49 A.D.2d 912, 374 N.Y.S.2d 32, 1975 N.Y. App. Div. LEXIS 11165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goar-nyappdiv-1975.