People v. King

47 A.D.2d 870, 368 N.Y.S.2d 812, 1975 N.Y. App. Div. LEXIS 9258

Opinion

Judgment, Supreme Court, Bronx County, rendered April 26, 1974, convicting the defendant of two counts of rape in the first degree, unlawful imprisonment in the second degree, and possession of a weapon as a felony, unanimously modified, on the law, to the extent of directing that the judgment and commitment papers be amended to recite the conviction of possession to be a misdemeanor, and otherwise affirmed. The People concede that the conviction on the weapons charge was a misdemeanor conviction. Defendant was given a misdemeanor sentence on that count of the indictment. Modification of the judgment and commitment papers to reflect the crime as a misdemeanor is all that is necessary. We have reviewed the balance of defendant’s contentions and find them without merit. Concur — Markewich, J. P., Kupferman, Lupiano, Lane and Lynch, JJ.