People v. McKnight

Appellate Division of the Supreme Court of New York

People v. McKnight

95 A.D.2d 744, 464 N.Y.S.2d 697, 1983 N.Y. App. Div. LEXIS 18641

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

DecidedJune 28, 1983

StatusPublished

This text of 95 A.D.2d 744 (People v. McKnight) 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. McKnight, 95 A.D.2d 744, 464 N.Y.S.2d 697, 1983 N.Y. App. Div. LEXIS 18641 (N.Y. Ct. App. 1983).

Pincite

Opinion

— Judgment of the Supreme Court, New York County (Alvin Klein, J.), rendered January 12, 1981, modified, on the law and the facts, to reduce the sentence imposed upon defendant from IV2 to 3 years to 1 to 3 years and otherwise affirmed. Defendant was convicted, after trial, of grand larceny in the third degree and sentenced to a term of IV2 to 3 years. On appeal the prosecution concedes that the Louisiana conviction for simple burglary of an automobile would not constitute a felony under New York law. Although defendant did not controvert the predicate felony information, the sentence imposed was illegal. Accordingly, we correct it to conform to law. The other points raised by defendant are without merit and warrant no discussion. Concur — Murphy, P. J., Kupferman, Silverman, Bloom and Alexander, JJ.

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— Judgment of the Supreme Court, New York County (Alvin Klein, J.), rendered January 12, 1981, modified, on the law and the facts, to reduce the sentence imposed upon defendant from IV2 to 3 years to 1 to 3 years and otherwise affirmed. Defendant was convicted, after trial, of grand larceny in the third degree and sentenced to a term of IV2 to 3 years. On appeal the prosecution concedes that the Louisiana conviction for simple burglary of an automobile would not constitute a felony under New York law. Although defendant did not controvert the predicate felony information, the sentence imposed was illegal. Accordingly, we correct it to conform to law. The other points raised by defendant are without merit and warrant no discussion. Concur — Murphy, P. J., Kupferman, Silverman, Bloom and Alexander, JJ.

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Bluebook (online)

95 A.D.2d 744, 464 N.Y.S.2d 697, 1983 N.Y. App. Div. LEXIS 18641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcknight-nyappdiv-1983.