People v. Grillo

Appellate Division of the Supreme Court of New York

People v. Grillo

78 A.D.2d 661, 433 N.Y.S.2d 996, 1980 N.Y. App. Div. LEXIS 13158

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

DecidedOctober 14, 1980

StatusPublished

This text of 78 A.D.2d 661 (People v. Grillo) 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. Grillo, 78 A.D.2d 661, 433 N.Y.S.2d 996, 1980 N.Y. App. Div. LEXIS 13158 (N.Y. Ct. App. 1980).

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Opinion

Appeal by defendant, as limited by his motion, from a sentence of the County Court, Rockland County, imposed December 20, 1979, upon his conviction of grand larceny in the third degree, upon his plea of guilty, the sentence being a period of imprisonment of 60 days, to run concurrently with a period of probation of five years, with a direction that defendant make restitution. Sentence modified, as a matter of discretion in the interest of justice, by deleting therefrom the 60-day prison term. As so modified, sentence affirmed, and case remitted to the County Court, Rock-[662]*662land County, for further proceedings pursuant to CPL 460.50 (subd 5). The sentence was excessive to the extent indicated. Gulotta, J. P., Cohalan, Margett and Martuscello, JJ., concur.

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Appeal by defendant, as limited by his motion, from a sentence of the County Court, Rockland County, imposed December 20, 1979, upon his conviction of grand larceny in the third degree, upon his plea of guilty, the sentence being a period of imprisonment of 60 days, to run concurrently with a period of probation of five years, with a direction that defendant make restitution. Sentence modified, as a matter of discretion in the interest of justice, by deleting therefrom the 60-day prison term. As so modified, sentence affirmed, and case remitted to the County Court, Rock-[662]*662land County, for further proceedings pursuant to CPL 460.50 (subd 5). The sentence was excessive to the extent indicated. Gulotta, J. P., Cohalan, Margett and Martuscello, JJ., concur.

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Bluebook (online)

78 A.D.2d 661, 433 N.Y.S.2d 996, 1980 N.Y. App. Div. LEXIS 13158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-grillo-nyappdiv-1980.