People v. Hastings

Appellate Division of the Supreme Court of New York

People v. Hastings

29 A.D.2d 877, 288 N.Y.S.2d 431, 1968 N.Y. App. Div. LEXIS 4452

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

DecidedMarch 11, 1968

StatusPublished

This text of 29 A.D.2d 877 (People v. Hastings) 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. Hastings, 29 A.D.2d 877, 288 N.Y.S.2d 431, 1968 N.Y. App. Div. LEXIS 4452 (N.Y. Ct. App. 1968).

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Opinion

Judgment of the County Court, Dutchess County, rendered February 2, 1966, reversed, on the law, and case remanded to the County Court for resentencing. The findings of fact below are affirmed. The notice of appeal is herewith amended to state that the appeal is to the Appellate Division, Second Judicial Department, instead of the Third Department. Defendant was convicted of felonious escape from prison and felonious escape from the lawful custody of an officer, pursuant to section 1694 of the Penal Law. He was sentenced to a term of from 5 to 10 years on each count, the sentences to run concurrently. (He was also convicted of conspiracy, upon which sentence was suspended.) Section 1699 of said Penal Law states that the punishment for felonious escape shall be by imprisonment for not less than one year nor more than seven years. Therefore, there was no warrant for the imposition of the above sentences. Beldoek, P. J., Christ, Brennan, Hopkins and Munder, JJ., concur.

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Judgment of the County Court, Dutchess County, rendered February 2, 1966, reversed, on the law, and case remanded to the County Court for resentencing. The findings of fact below are affirmed. The notice of appeal is herewith amended to state that the appeal is to the Appellate Division, Second Judicial Department, instead of the Third Department. Defendant was convicted of felonious escape from prison and felonious escape from the lawful custody of an officer, pursuant to section 1694 of the Penal Law. He was sentenced to a term of from 5 to 10 years on each count, the sentences to run concurrently. (He was also convicted of conspiracy, upon which sentence was suspended.) Section 1699 of said Penal Law states that the punishment for felonious escape shall be by imprisonment for not less than one year nor more than seven years. Therefore, there was no warrant for the imposition of the above sentences. Beldoek, P. J., Christ, Brennan, Hopkins and Munder, JJ., concur.

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Bluebook (online)

29 A.D.2d 877, 288 N.Y.S.2d 431, 1968 N.Y. App. Div. LEXIS 4452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hastings-nyappdiv-1968.