People v. Huestis

Appellate Division of the Supreme Court of New York

People v. Huestis

41 A.D.2d 972, 343 N.Y.S.2d 208, 1973 N.Y. App. Div. LEXIS 4554

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

DecidedMay 3, 1973

StatusPublished

This text of 41 A.D.2d 972 (People v. Huestis) 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. Huestis, 41 A.D.2d 972, 343 N.Y.S.2d 208, 1973 N.Y. App. Div. LEXIS 4554 (N.Y. Ct. App. 1973).

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Opinion

Appeal from a judgment of the County Court of Otsego [973]*973County, convicting appellant, upon a plea of guilty, of forgery in the second degree (Penal Law, § 170.10). The sole issue raised on this appeal is that appellant’s sentence to an indeterminate' term of seven years in Attica State Prison is excessive. Judgment affirmed. Herlihy, P. J., Staley, Jr., Sweeney and Reynolds, JJ., concur; Cooke, J., dissents and votes to modify in the following memorandum. Cooke, J. (dissenting). I dissent and vote to modify the judgment so as to decrease the sentence from an indeterminate term not to exceed seven years at Attica State Prison to one not to exceed three and one-half years, in view of: the lack of a previous felony conviction on defendant’s part, the small amount involved, the absence of any violence and defendant’s youth and unfortunate background.

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Appeal from a judgment of the County Court of Otsego [973]*973County, convicting appellant, upon a plea of guilty, of forgery in the second degree (Penal Law, § 170.10). The sole issue raised on this appeal is that appellant’s sentence to an indeterminate' term of seven years in Attica State Prison is excessive. Judgment affirmed. Herlihy, P. J., Staley, Jr., Sweeney and Reynolds, JJ., concur; Cooke, J., dissents and votes to modify in the following memorandum. Cooke, J. (dissenting). I dissent and vote to modify the judgment so as to decrease the sentence from an indeterminate term not to exceed seven years at Attica State Prison to one not to exceed three and one-half years, in view of: the lack of a previous felony conviction on defendant’s part, the small amount involved, the absence of any violence and defendant’s youth and unfortunate background.

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Bluebook (online)

41 A.D.2d 972, 343 N.Y.S.2d 208, 1973 N.Y. App. Div. LEXIS 4554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-huestis-nyappdiv-1973.