People v. Mestichelli

Appellate Division of the Supreme Court of New York

People v. Mestichelli

94 A.D.2d 804, 462 N.Y.S.2d 1021, 1983 N.Y. App. Div. LEXIS 18279

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

DecidedMay 31, 1983

StatusPublished

This text of 94 A.D.2d 804 (People v. Mestichelli) 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. Mestichelli, 94 A.D.2d 804, 462 N.Y.S.2d 1021, 1983 N.Y. App. Div. LEXIS 18279 (N.Y. Ct. App. 1983).

Pincite

Opinion

— Appeal by defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Tanenbaum, J.), imposed January 27, 1982, upon his conviction of attempted burglary in the third degree, on his plea of guilty, the sentence being 60 days in the Suffolk County Jail and five years’ probation with certain stated conditions. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a term of five years’ probation under the conditions previously set forth. As so modified, sentence affirmed, and matter remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (subd 5). Under the [805]*805unique circumstances of this case the imposition of a jail term was inappropriate. Damiani, J. P., Gibbons and Niehoff, JJ., concur; Thompson, J. dissents and votes to affirm.

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— Appeal by defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Tanenbaum, J.), imposed January 27, 1982, upon his conviction of attempted burglary in the third degree, on his plea of guilty, the sentence being 60 days in the Suffolk County Jail and five years’ probation with certain stated conditions. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a term of five years’ probation under the conditions previously set forth. As so modified, sentence affirmed, and matter remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (subd 5). Under the [805]*805unique circumstances of this case the imposition of a jail term was inappropriate. Damiani, J. P., Gibbons and Niehoff, JJ., concur; Thompson, J. dissents and votes to affirm.

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Bluebook (online)

94 A.D.2d 804, 462 N.Y.S.2d 1021, 1983 N.Y. App. Div. LEXIS 18279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mestichelli-nyappdiv-1983.