People v. Hosey

Appellate Division of the Supreme Court of New York

People v. Hosey

62 A.D.2d 955, 404 N.Y.S.2d 313, 1978 N.Y. App. Div. LEXIS 10979

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

DecidedApril 20, 1978

StatusPublished

This text of 62 A.D.2d 955 (People v. Hosey) 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. Hosey, 62 A.D.2d 955, 404 N.Y.S.2d 313, 1978 N.Y. App. Div. LEXIS 10979 (N.Y. Ct. App. 1978).

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Opinion

Judgment, Supreme Court, Bronx County, rendered November 14, 1974, convicting defendant, after trial by jury, of first degree robbery and related offenses, and sentencing him as a predicate felon to an indeterminate term of 12 Vi to 25 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to 7 Vi to 15 years, and otherwise affirmed. The defendant was convicted of robbery in the first degree resulting from the holdup of a grocery store. The crime was a serious one and merited substantial punishment. However, on review of all of the factors relating to the robbery, we do not believe that there was justification for imposing the maximum sentence that was available. The sentence fixed seems to us excessive to the extent indicated. Concur —Birns, J. P., Silverman, Evans, Fein and Sandler, JJ.

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Judgment, Supreme Court, Bronx County, rendered November 14, 1974, convicting defendant, after trial by jury, of first degree robbery and related offenses, and sentencing him as a predicate felon to an indeterminate term of 12 Vi to 25 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to 7 Vi to 15 years, and otherwise affirmed. The defendant was convicted of robbery in the first degree resulting from the holdup of a grocery store. The crime was a serious one and merited substantial punishment. However, on review of all of the factors relating to the robbery, we do not believe that there was justification for imposing the maximum sentence that was available. The sentence fixed seems to us excessive to the extent indicated. Concur —Birns, J. P., Silverman, Evans, Fein and Sandler, JJ.

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Bluebook (online)

62 A.D.2d 955, 404 N.Y.S.2d 313, 1978 N.Y. App. Div. LEXIS 10979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hosey-nyappdiv-1978.