People v. Gonzales

Appellate Division of the Supreme Court of New York

People v. Gonzales

39 A.D.2d 556, 331 N.Y.S.2d 956, 1972 N.Y. App. Div. LEXIS 4998

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

DecidedApril 10, 1972

StatusPublished

This text of 39 A.D.2d 556 (People v. Gonzales) 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. Gonzales, 39 A.D.2d 556, 331 N.Y.S.2d 956, 1972 N.Y. App. Div. LEXIS 4998 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 30, 1969 on resentence, upon a 1956 conviction of murder in the second degree, upon a plea of guilty, resentencing him to 60 years to life nunc pro tune as March 8, 1956. Judgment modified, in the exercise of discretion, by reducing the sentence to 20 years to life. As so modified, judgment affirmed. In view of appellant’s age of about 51 years and the fact that he has served 16 years, without possibility of present parole, we are of the opinion that the sentence should be reduced to a 20-year minimum, so that the matter may now be considered by the Board of Parole. Munder, Acting P. J., Latham, Shapiro, -Gulotta and Brennan, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 30, 1969 on resentence, upon a 1956 conviction of murder in the second degree, upon a plea of guilty, resentencing him to 60 years to life nunc pro tune as March 8, 1956. Judgment modified, in the exercise of discretion, by reducing the sentence to 20 years to life. As so modified, judgment affirmed. In view of appellant’s age of about 51 years and the fact that he has served 16 years, without possibility of present parole, we are of the opinion that the sentence should be reduced to a 20-year minimum, so that the matter may now be considered by the Board of Parole. Munder, Acting P. J., Latham, Shapiro, -Gulotta and Brennan, JJ., concur.

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Bluebook (online)

39 A.D.2d 556, 331 N.Y.S.2d 956, 1972 N.Y. App. Div. LEXIS 4998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gonzales-nyappdiv-1972.