People v. Harris

Appellate Division of the Supreme Court of New York

People v. Harris

30 A.D.2d 647, 291 N.Y.S.2d 1012, 1968 N.Y. App. Div. LEXIS 3765

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

DecidedJune 11, 1968

StatusPublished

This text of 30 A.D.2d 647 (People v. Harris) 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. Harris, 30 A.D.2d 647, 291 N.Y.S.2d 1012, 1968 N.Y. App. Div. LEXIS 3765 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment convicting the appellant of robbery in the first degree, and of criminally possessing a pistol, after prior conviction, unanimously modified, on the law, to reduce the conviction on the latter count to possession of a pistol, as a misdemeanor, and as modified the judgment is affirmed. The defendant was found guilty of robbery in the first degree and criminally possessing a pistol, after prior conviction. The prior conviction, however, has been vacated. Consequently, the conviction of criminally possessing a pistol should be designated as a misdemeanor, rather than a felony. However, since the defendant was given a suspended sentence on the charge of possession of a pistol, such sentence need not now be disturbed. Concur—Eager, J. P., Steuer, Capozzoli, McGivern and Rabin, JJ.

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Judgment convicting the appellant of robbery in the first degree, and of criminally possessing a pistol, after prior conviction, unanimously modified, on the law, to reduce the conviction on the latter count to possession of a pistol, as a misdemeanor, and as modified the judgment is affirmed. The defendant was found guilty of robbery in the first degree and criminally possessing a pistol, after prior conviction. The prior conviction, however, has been vacated. Consequently, the conviction of criminally possessing a pistol should be designated as a misdemeanor, rather than a felony. However, since the defendant was given a suspended sentence on the charge of possession of a pistol, such sentence need not now be disturbed. Concur—Eager, J. P., Steuer, Capozzoli, McGivern and Rabin, JJ.

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Bluebook (online)

30 A.D.2d 647, 291 N.Y.S.2d 1012, 1968 N.Y. App. Div. LEXIS 3765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harris-nyappdiv-1968.