People v. Graham

Appellate Division of the Supreme Court of New York

People v. Graham

91 A.D.2d 1205, 459 N.Y.S.2d 199, 1983 N.Y. App. Div. LEXIS 16571

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

DecidedJanuary 31, 1983

StatusPublished

This text of 91 A.D.2d 1205 (People v. Graham) 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. Graham, 91 A.D.2d 1205, 459 N.Y.S.2d 199, 1983 N.Y. App. Div. LEXIS 16571 (N.Y. Ct. App. 1983).

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Opinion

— Judgment unanimously affirmed. Memorandum: We conclude that defendant was properly sentenced to a definite term of one year as stated in the certificate of conviction (People v Giordano, 81 AD2d 1003, affd 56 NY2d 524). The sentencing minutes show that the Judge sentenced the defendant to a “definite sentence * * * for not more than one year”. There is no indication that the Judge intended to sentence defendant for a period less than one year. Neither defendant nor his counsel made a request for clarification of the sentence as pronounced by the court, and his notice of appeal states that it is from a judgment “sentencing the defendant to a definite term of one year.” (Appeal from judgment of Supreme Court, Erie County, Honan, J. — criminal possession of weapon, third degree.) Present — Hancock, Jr., J. P., Callahan, Denman, Boomer and Moule, JJ.

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— Judgment unanimously affirmed. Memorandum: We conclude that defendant was properly sentenced to a definite term of one year as stated in the certificate of conviction (People v Giordano, 81 AD2d 1003, affd 56 NY2d 524). The sentencing minutes show that the Judge sentenced the defendant to a “definite sentence * * * for not more than one year”. There is no indication that the Judge intended to sentence defendant for a period less than one year. Neither defendant nor his counsel made a request for clarification of the sentence as pronounced by the court, and his notice of appeal states that it is from a judgment “sentencing the defendant to a definite term of one year.” (Appeal from judgment of Supreme Court, Erie County, Honan, J. — criminal possession of weapon, third degree.) Present — Hancock, Jr., J. P., Callahan, Denman, Boomer and Moule, JJ.

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Bluebook (online)

91 A.D.2d 1205, 459 N.Y.S.2d 199, 1983 N.Y. App. Div. LEXIS 16571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-graham-nyappdiv-1983.

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