People v. Jackson

Appellate Division of the Supreme Court of New York

People v. Jackson

27 A.D.2d 943, 279 N.Y.S.2d 259, 1967 N.Y. App. Div. LEXIS 4425

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

DecidedApril 17, 1967

StatusPublished

Cited by3 cases

This text of 27 A.D.2d 943 (People v. Jackson) 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. Jackson, 27 A.D.2d 943, 279 N.Y.S.2d 259, 1967 N.Y. App. Div. LEXIS 4425 (N.Y. Ct. App. 1967).

Pincite

Opinion

Judgment of the County Court, Nassau County, rendered June 21, 1965, convicting defendant of attempted possession of a narcotic drug as a felony, upon his plea of guilty, and sentencing him to a prison term of four to five years, affirmed. Defendant contends that the sentence imposed should have been an indeterminate term of one and one-half years to five years. His interpretation of the statutes applicable fails to recognize that the prescribed minimum term of imprisonment for attempted possession of narcotics is “ not less than ” half of three years (Penal Law, § 1751, subds. 3, 5; § 261, suhd. 2; § 2189) and that the statutes do not prescribe any outer limit for the minimum term of imprisonment so long as it does not exceed one half of the maximum prescribed for the consummation of the intended crime itself. The phrase “not less than” one and one-half years is not to be read, as defendant contends, as if it were “not more than” one and one-half years (cf. People ex rel. Warner v. Fay, 24 A D 2d 556). Beldoek, P. J., Ughetta, Rabin, Benjamin and Munder, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment of the County Court, Nassau County, rendered June 21, 1965, convicting defendant of attempted possession of a narcotic drug as a felony, upon his plea of guilty, and sentencing him to a prison term of four to five years, affirmed. Defendant contends that the sentence imposed should have been an indeterminate term of one and one-half years to five years. His interpretation of the statutes applicable fails to recognize that the prescribed minimum term of imprisonment for attempted possession of narcotics is “ not less than ” half of three years (Penal Law, § 1751, subds. 3, 5; § 261, suhd. 2; § 2189) and that the statutes do not prescribe any outer limit for the minimum term of imprisonment so long as it does not exceed one half of the maximum prescribed for the consummation of the intended crime itself. The phrase “not less than” one and one-half years is not to be read, as defendant contends, as if it were “not more than” one and one-half years (cf. People ex rel. Warner v. Fay, 24 A D 2d 556). Beldoek, P. J., Ughetta, Rabin, Benjamin and Munder, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

27 A.D.2d 943, 279 N.Y.S.2d 259, 1967 N.Y. App. Div. LEXIS 4425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jackson-nyappdiv-1967.

Opinion

Related

Cite This Page — Counsel Stack