People v. McCallum

Appellate Division of the Supreme Court of New York

People v. McCallum

104 A.D.2d 1053, 480 N.Y.S.2d 882, 1984 N.Y. App. Div. LEXIS 20495

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

DecidedOctober 29, 1984

StatusPublished

This text of 104 A.D.2d 1053 (People v. McCallum) 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. McCallum, 104 A.D.2d 1053, 480 N.Y.S.2d 882, 1984 N.Y. App. Div. LEXIS 20495 (N.Y. Ct. App. 1984).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Westchester County (Dachenhausen, J.), rendered October 28, 1982, convicting him of burglary in the third degree, petit larceny, criminal mischief in the fourth degree and criminal possession of stolen property in the third degree, upon a jury verdict, and sentencing him as a persistent felony offender to an indeterminate term of 20 years [1054]*1054to life imprisonment on the burglary count and definite terms of one year imprisonment on the remaining counts, the sentences to run concurrently.

Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed on defendant’s conviction of burglary in the third degree to an indeterminate term of 15 years to life imprisonment. As so modified, judgment affirmed.

The sentence on the burglary charge was excessive to the extent indicated. We have considered defendant’s remaining contentions and have found them to be without merit. Titone, J. P., Lazer, Bracken and Boyers, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Westchester County (Dachenhausen, J.), rendered October 28, 1982, convicting him of burglary in the third degree, petit larceny, criminal mischief in the fourth degree and criminal possession of stolen property in the third degree, upon a jury verdict, and sentencing him as a persistent felony offender to an indeterminate term of 20 years [1054]*1054to life imprisonment on the burglary count and definite terms of one year imprisonment on the remaining counts, the sentences to run concurrently.

Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed on defendant’s conviction of burglary in the third degree to an indeterminate term of 15 years to life imprisonment. As so modified, judgment affirmed.

The sentence on the burglary charge was excessive to the extent indicated. We have considered defendant’s remaining contentions and have found them to be without merit. Titone, J. P., Lazer, Bracken and Boyers, JJ., concur.

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Bluebook (online)

104 A.D.2d 1053, 480 N.Y.S.2d 882, 1984 N.Y. App. Div. LEXIS 20495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccallum-nyappdiv-1984.