People v. Livigni

Appellate Division of the Supreme Court of New York

People v. Livigni

79 A.D.2d 715, 437 N.Y.S.2d 926, 1980 N.Y. App. Div. LEXIS 14121

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

DecidedDecember 29, 1980

StatusPublished

This text of 79 A.D.2d 715 (People v. Livigni) 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. Livigni, 79 A.D.2d 715, 437 N.Y.S.2d 926, 1980 N.Y. App. Div. LEXIS 14121 (N.Y. Ct. App. 1980).

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Opinion

by the defendant from two judgments of Appeal the County Court, Suffolk County, both rendered June 9, 1978, convicting him of attempted arson in the third degree (Ind. No. 941-77) and robbery in the second degree (Ind. No. 206-78), upon his pleas of guilty, and sentencing him to concurrent indeterminate terms of 0 to 4 years and 0 to 7 years, respectively. Judgment rendered under Indictment No. 206-78 affirmed. Judgment rendered under Indictment No. 941-77 modified, on the law, by (1) vacating the conviction and substituting therefore a finding that defendant is a youthful offender and (2) vacating the sentence imposed. As so modified, said judgment affirmed, and case remitted to the County Court for resentencing. With respect to Indictment No. 941-77, the record reveals that the court, when defendant entered his plea to attempted arson in the third degree, promised that defendant would be accorded youthful offender treatment. Under the circumstances of this case, and upon the concession of the District Attorney, the promise should be kept (see Santobello v New York, 404 US 257). The sentence imposed upon the robbery conviction was not excessive. Hopkins, J. P., Lazer, Gibbons and Gulotta, JJ., concur.

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by the defendant from two judgments of Appeal the County Court, Suffolk County, both rendered June 9, 1978, convicting him of attempted arson in the third degree (Ind. No. 941-77) and robbery in the second degree (Ind. No. 206-78), upon his pleas of guilty, and sentencing him to concurrent indeterminate terms of 0 to 4 years and 0 to 7 years, respectively. Judgment rendered under Indictment No. 206-78 affirmed. Judgment rendered under Indictment No. 941-77 modified, on the law, by (1) vacating the conviction and substituting therefore a finding that defendant is a youthful offender and (2) vacating the sentence imposed. As so modified, said judgment affirmed, and case remitted to the County Court for resentencing. With respect to Indictment No. 941-77, the record reveals that the court, when defendant entered his plea to attempted arson in the third degree, promised that defendant would be accorded youthful offender treatment. Under the circumstances of this case, and upon the concession of the District Attorney, the promise should be kept (see Santobello v New York, 404 US 257). The sentence imposed upon the robbery conviction was not excessive. Hopkins, J. P., Lazer, Gibbons and Gulotta, JJ., concur.

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Bluebook (online)

79 A.D.2d 715, 437 N.Y.S.2d 926, 1980 N.Y. App. Div. LEXIS 14121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-livigni-nyappdiv-1980.

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