People v. McNeill

Appellate Division of the Supreme Court of New York

People v. McNeill

76 A.D.2d 766, 429 N.Y.S.2d 551, 1980 N.Y. App. Div. LEXIS 11808

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

DecidedJune 12, 1980

StatusPublished

This text of 76 A.D.2d 766 (People v. McNeill) 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. McNeill, 76 A.D.2d 766, 429 N.Y.S.2d 551, 1980 N.Y. App. Div. LEXIS 11808 (N.Y. Ct. App. 1980).

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Opinion

Judgment, Supreme Court, Bronx County, rendered on August 7, 1978, convicting defendants, after a jury trial, of robbery in the second degree (Penal Law, § 160.10), and sentencing defendant McNeill to an indeterminate term of imprisonment of not less than 4 years and not more than 12 years and sentencing defendant Rivers to an indeterminate term of not less than 316 years and not more than 10 years, modified, as a matter of discretion in the interest of justice, to reduce both sentences to 2‘A to 7 years, and otherwise affirmed. In view of the circumstances disclosed in the present record, we are of the view that the sentences imposed are excessive and should be modified to the extent above indicated. We have examined defendants’ other contentions and find them to be without substantial merit. Concur—Murphy, P. J., Birns, Bloom and Lynch, JJ. Kupferman, J., dissents and would affirm.

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Judgment, Supreme Court, Bronx County, rendered on August 7, 1978, convicting defendants, after a jury trial, of robbery in the second degree (Penal Law, § 160.10), and sentencing defendant McNeill to an indeterminate term of imprisonment of not less than 4 years and not more than 12 years and sentencing defendant Rivers to an indeterminate term of not less than 316 years and not more than 10 years, modified, as a matter of discretion in the interest of justice, to reduce both sentences to 2‘A to 7 years, and otherwise affirmed. In view of the circumstances disclosed in the present record, we are of the view that the sentences imposed are excessive and should be modified to the extent above indicated. We have examined defendants’ other contentions and find them to be without substantial merit. Concur—Murphy, P. J., Birns, Bloom and Lynch, JJ. Kupferman, J., dissents and would affirm.

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Bluebook (online)

76 A.D.2d 766, 429 N.Y.S.2d 551, 1980 N.Y. App. Div. LEXIS 11808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcneill-nyappdiv-1980.