People v. Hill

Appellate Division of the Supreme Court of New York

People v. Hill

20 A.D.2d 764, 247 N.Y.S.2d 491, 1964 N.Y. App. Div. LEXIS 4246

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

DecidedMarch 10, 1964

StatusPublished

This text of 20 A.D.2d 764 (People v. Hill) 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. Hill, 20 A.D.2d 764, 247 N.Y.S.2d 491, 1964 N.Y. App. Div. LEXIS 4246 (N.Y. Ct. App. 1964).

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Opinion

Judgment of conviction unanimously modified in the exercise of discretion, the facts having been considered as found, and the sentences imposed on counts one and four of the indictment are directed to run concurrently, and not consecutively. As so modified, the judgment is otherwise affirmed (Code Grim. Pro., § 543). From the record the conviction in the case before us represents the first felony conviction of this defendant The tv* narcotic sales were [765]*765made to the same person, on the same evening a few hours apart, and under almost identical circumstances. It is the opinion of this court that a sentence equivalent to 15 to 30 years in prison, under the circumstances of this case, is excessive. Accordingly the judgment is modified as heretofore indicated (People v. Speiser, 277 N. Y. 342; People v. Rytel, 284 N. Y. 242). Concur — Breitel, J. P., Rabin, Stevens, Eager and Steuer, JJ.

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Judgment of conviction unanimously modified in the exercise of discretion, the facts having been considered as found, and the sentences imposed on counts one and four of the indictment are directed to run concurrently, and not consecutively. As so modified, the judgment is otherwise affirmed (Code Grim. Pro., § 543). From the record the conviction in the case before us represents the first felony conviction of this defendant The tv* narcotic sales were [765]*765made to the same person, on the same evening a few hours apart, and under almost identical circumstances. It is the opinion of this court that a sentence equivalent to 15 to 30 years in prison, under the circumstances of this case, is excessive. Accordingly the judgment is modified as heretofore indicated (People v. Speiser, 277 N. Y. 342; People v. Rytel, 284 N. Y. 242). Concur — Breitel, J. P., Rabin, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

20 A.D.2d 764, 247 N.Y.S.2d 491, 1964 N.Y. App. Div. LEXIS 4246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hill-nyappdiv-1964.

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