People v. Guttierrez

Appellate Division of the Supreme Court of New York

People v. Guttierrez

148 A.D.2d 749, 540 N.Y.S.2d 208, 1989 N.Y. App. Div. LEXIS 4170

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

DecidedMarch 27, 1989

StatusPublished

This text of 148 A.D.2d 749 (People v. Guttierrez) 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. Guttierrez, 148 A.D.2d 749, 540 N.Y.S.2d 208, 1989 N.Y. App. Div. LEXIS 4170 (N.Y. Ct. App. 1989).

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Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Linakis, J.), imposed October 13, 1987, upon his conviction of attempted criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, the sentence being a term of six months’ imprisonment and five years’ probation.

Ordered that the sentence is modified, on the law, by providing that the term of imprisonment shall run concurrently with and be a condition of the term of probation; as so modified, the sentence is affirmed.

As the People concede, the sentence imposed was unauthorized and invalid since the term of imprisonment combined with the period of probation may not total more than five years upon a felony conviction (Penal Law § 60.01 [2] [d]; § 65.00 [3] [a] [i]). We have modified the sentence accordingly. Mollen, P. J., Thompson, Bracken and Lawrence, JJ., concur.

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Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Linakis, J.), imposed October 13, 1987, upon his conviction of attempted criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, the sentence being a term of six months’ imprisonment and five years’ probation.

Ordered that the sentence is modified, on the law, by providing that the term of imprisonment shall run concurrently with and be a condition of the term of probation; as so modified, the sentence is affirmed.

As the People concede, the sentence imposed was unauthorized and invalid since the term of imprisonment combined with the period of probation may not total more than five years upon a felony conviction (Penal Law § 60.01 [2] [d]; § 65.00 [3] [a] [i]). We have modified the sentence accordingly. Mollen, P. J., Thompson, Bracken and Lawrence, JJ., concur.

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Bluebook (online)

148 A.D.2d 749, 540 N.Y.S.2d 208, 1989 N.Y. App. Div. LEXIS 4170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-guttierrez-nyappdiv-1989.

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