People v. Hardin

Appellate Division of the Supreme Court of New York

People v. Hardin

12 A.D.2d 495, 206 N.Y.S.2d 979, 1960 N.Y. App. Div. LEXIS 7209

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

DecidedNovember 7, 1960

StatusPublished

This text of 12 A.D.2d 495 (People v. Hardin) 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. Hardin, 12 A.D.2d 495, 206 N.Y.S.2d 979, 1960 N.Y. App. Div. LEXIS 7209 (N.Y. Ct. App. 1960).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Nassau County, rendered December 1, 1948, after a jury trial, convicting him of first degree robbery, first degree burglary, first degree grand larceny, and two counts of second degree assault, and sentencing him: (a) to serve consecutive terms of 15 to 30 years on the robbery count and 7½ to 15 years on the burglary count; and (b) to serve a term of 5 to 10 years on the grand larceny count and 2½ to 5 years on the two assault counts, the latter two terms to run concurrently with the term on the robbery count. Judgment modified on the facts by providing that the term of imprisonment on the burglary count shall run concurrently with the term of imprisonment on the robbery count. As so modified, judgment affirmed. In our opinion, under all the circumstances, the requirement that defendant shall serve consecutively the terms imposed on these two latter counts, rendered the sentence excessive. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the County Court, Nassau County, rendered December 1, 1948, after a jury trial, convicting him of first degree robbery, first degree burglary, first degree grand larceny, and two counts of second degree assault, and sentencing him: (a) to serve consecutive terms of 15 to 30 years on the robbery count and 7½ to 15 years on the burglary count; and (b) to serve a term of 5 to 10 years on the grand larceny count and 2½ to 5 years on the two assault counts, the latter two terms to run concurrently with the term on the robbery count. Judgment modified on the facts by providing that the term of imprisonment on the burglary count shall run concurrently with the term of imprisonment on the robbery count. As so modified, judgment affirmed. In our opinion, under all the circumstances, the requirement that defendant shall serve consecutively the terms imposed on these two latter counts, rendered the sentence excessive. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

12 A.D.2d 495, 206 N.Y.S.2d 979, 1960 N.Y. App. Div. LEXIS 7209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hardin-nyappdiv-1960.