People v. Latshaw

Appellate Division of the Supreme Court of New York

People v. Latshaw

18 A.D.2d 1126, 239 N.Y.S.2d 157, 1963 N.Y. App. Div. LEXIS 4035

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

DecidedApril 4, 1963

StatusPublished

This text of 18 A.D.2d 1126 (People v. Latshaw) 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. Latshaw, 18 A.D.2d 1126, 239 N.Y.S.2d 157, 1963 N.Y. App. Div. LEXIS 4035 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order denying motion for resentence unanimously modified by vacating the sentences of imprisonment of one year in the Brie County Penitentiary and the fines of $500 imposed on counts 1 and 72 of the indictment, and as modified order affirmed. Order denying motion for reargument unanimously affirmed. Memorandum: The sentence was improper in that it was contingently suspended in the event that the defendant served the full minimum term under the prior sentences. The Judge had no power to make the sentence conditional or contingent. (Appeal from two orders of Erie Supreme Court denying, without a hearing, motion for resentence and denying motion for a reargument.) Present — Williams, P. J., Bastow, Goldman, MeClusky and Henry, JJ.

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Order denying motion for resentence unanimously modified by vacating the sentences of imprisonment of one year in the Brie County Penitentiary and the fines of $500 imposed on counts 1 and 72 of the indictment, and as modified order affirmed. Order denying motion for reargument unanimously affirmed. Memorandum: The sentence was improper in that it was contingently suspended in the event that the defendant served the full minimum term under the prior sentences. The Judge had no power to make the sentence conditional or contingent. (Appeal from two orders of Erie Supreme Court denying, without a hearing, motion for resentence and denying motion for a reargument.) Present — Williams, P. J., Bastow, Goldman, MeClusky and Henry, JJ.

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Bluebook (online)

18 A.D.2d 1126, 239 N.Y.S.2d 157, 1963 N.Y. App. Div. LEXIS 4035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-latshaw-nyappdiv-1963.