People v. Martinez

Appellate Division of the Supreme Court of New York

People v. Martinez

80 A.D.2d 923, 440 N.Y.S.2d 548, 1981 N.Y. App. Div. LEXIS 10816

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

DecidedMarch 30, 1981

StatusPublished

This text of 80 A.D.2d 923 (People v. Martinez) 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. Martinez, 80 A.D.2d 923, 440 N.Y.S.2d 548, 1981 N.Y. App. Div. LEXIS 10816 (N.Y. Ct. App. 1981).

Pincite

Opinion

Appeal by defendant, as limited by her motion, from three sentences of the Supreme Court, Kings County, all imposed June 8, 1978, upon her conviction of three counts of robbery in the second degree, upon her pleas of guilty, the sentences being concurrent terms of imprisonment of 4Vz to 9 years, as a second felony offender. Sentences modified, on the law and as a matter of discretion in the interest of justice, by vacating the adjudication that defendant is a second felony offender and reducing the sentences to concurrent terms of imprisonment of 0 to 3 years. As so modified, sentences affirmed. The District Attorney concedes that defendant was improperly sentenced as a second felony offender. Accordingly, we have reduced the sentences to conform to the court’s initial promise when the pleas were entered. Margett, J. P., O’Connor, Weinstein and Thompson, JJ., concur.

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

Appeal by defendant, as limited by her motion, from three sentences of the Supreme Court, Kings County, all imposed June 8, 1978, upon her conviction of three counts of robbery in the second degree, upon her pleas of guilty, the sentences being concurrent terms of imprisonment of 4Vz to 9 years, as a second felony offender. Sentences modified, on the law and as a matter of discretion in the interest of justice, by vacating the adjudication that defendant is a second felony offender and reducing the sentences to concurrent terms of imprisonment of 0 to 3 years. As so modified, sentences affirmed. The District Attorney concedes that defendant was improperly sentenced as a second felony offender. Accordingly, we have reduced the sentences to conform to the court’s initial promise when the pleas were entered. Margett, J. P., O’Connor, Weinstein and Thompson, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

80 A.D.2d 923, 440 N.Y.S.2d 548, 1981 N.Y. App. Div. LEXIS 10816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-martinez-nyappdiv-1981.