People v. Heath

Appellate Division of the Supreme Court of New York

People v. Heath

254 A.D. 379, 5 N.Y.S.2d 253, 1938 N.Y. App. Div. LEXIS 6426

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

DecidedJune 17, 1938

StatusPublished

Cited by1 cases

This text of 254 A.D. 379 (People v. Heath) 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. Heath, 254 A.D. 379, 5 N.Y.S.2d 253, 1938 N.Y. App. Div. LEXIS 6426 (N.Y. Ct. App. 1938).

Pincite

Opinion

Per Curiam.

In our opinion the record does not sustain the judgment with respect to the degree of the “ crime found,” to wit, assault in the second degree, but does warrant a judgment of con[380]*380viction of a lesser degree of “ such crime,” to wit, assault in the third degree.

The judgment should be modified by reducing the judgment of conviction to the crime of assault in the third degree and the sentence reduced to the time already served, and as so modified affirmed. (Code Crim. Proc. § 543, subd. 2, as amd. by Laws of 1936, chap. 68.)

Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.

Judgment modified by reducing the judgment of conviction to the crime of assault in the third degree and by reducing the sentence to the time already served, and as so modified affirmed.

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