People v. Hart

Appellate Division of the Supreme Court of New York

People v. Hart

60 A.D.2d 873, 401 N.Y.S.2d 163, 1978 N.Y. App. Div. LEXIS 9911

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

DecidedJanuary 16, 1978

StatusPublished

This text of 60 A.D.2d 873 (People v. Hart) 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. Hart, 60 A.D.2d 873, 401 N.Y.S.2d 163, 1978 N.Y. App. Div. LEXIS 9911 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal by defendant, as limited by his motion, from two sentences of the County Court, Suffolk County, both imposed September 13, 1976, upon his convictions of operating a motor vehicle while under the influence of alcohol, as a felony, and operating a motor vehicle while his ability to do so was impaired by the consumption of alcohol, upon his pleas of guilty, the sentences being, respectively, an indeterminate term of imprisonment with a maximum of three years, and a concurrent jail term of 30 days. Sentences modified, as a matter of discretion in the interest of justice, by reducing them to concurrent periods of probation and case remanded to the County Court, Suffolk County, to fix the terms and conditions of probation and for further proceedings pursuant to CPL 460.50 (subd 5). The sentences were excessive to the extent indicated herein. In an up-dated report requested by us, the probation department recommended that the defendant not be incarcerated. Damiani, J. P., Rabin, Shapiro and Margett, JJ., concur.

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Appeal by defendant, as limited by his motion, from two sentences of the County Court, Suffolk County, both imposed September 13, 1976, upon his convictions of operating a motor vehicle while under the influence of alcohol, as a felony, and operating a motor vehicle while his ability to do so was impaired by the consumption of alcohol, upon his pleas of guilty, the sentences being, respectively, an indeterminate term of imprisonment with a maximum of three years, and a concurrent jail term of 30 days. Sentences modified, as a matter of discretion in the interest of justice, by reducing them to concurrent periods of probation and case remanded to the County Court, Suffolk County, to fix the terms and conditions of probation and for further proceedings pursuant to CPL 460.50 (subd 5). The sentences were excessive to the extent indicated herein. In an up-dated report requested by us, the probation department recommended that the defendant not be incarcerated. Damiani, J. P., Rabin, Shapiro and Margett, JJ., concur.

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Bluebook (online)

60 A.D.2d 873, 401 N.Y.S.2d 163, 1978 N.Y. App. Div. LEXIS 9911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hart-nyappdiv-1978.