People v. Irby

Appellate Division of the Supreme Court of New York

People v. Irby

95 A.D.2d 839, 464 N.Y.S.2d 375, 1983 N.Y. App. Div. LEXIS 18778

Appellate Division of the Supreme Court of the State of New York·Decided June 20, 1983·Published·Cited by 1 cases

Opinion

— Appeal by defendant, as limited by his motion, from a sentence of the County Court, Orange County (Ingrassia, J.), imposed October 15, 1981, upon his conviction of criminal possession of a controlled substance in the third degree, on a guilty plea, the sentence being an indeterminate term of a minimum of 5 and a maximum of 15 years’ imprisonment. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to an indeterminate term of a minimum of three years’ and a maximum of nine years’ imprisonment. As so modified, sentence affirmed. The sentence was excessive to the extent indicated. Lazer, J. P., Gulotta, Weinstein and Rubin, JJ., concur.

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— Appeal by defendant, as limited by his motion, from a sentence of the County Court, Orange County (Ingrassia, J.), imposed October 15, 1981, upon his conviction of criminal possession of a controlled substance in the third degree, on a guilty plea, the sentence being an indeterminate term of a minimum of 5 and a maximum of 15 years’ imprisonment. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to an indeterminate term of a minimum of three years’ and a maximum of nine years’ imprisonment. As so modified, sentence affirmed. The sentence was excessive to the extent indicated. Lazer, J. P., Gulotta, Weinstein and Rubin, JJ., concur.

People v. Irby, 95 A.D.2d 839, 464 N.Y.S.2d 375, 1983 N.Y. App. Div. LEXIS 18778 (N.Y. Ct. App. 1983).

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Opinion

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