People v. Milazzo

Appellate Division of the Supreme Court of New York

People v. Milazzo

70 A.D.2d 889, 417 N.Y.S.2d 210, 1979 N.Y. App. Div. LEXIS 12471

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

DecidedJune 4, 1979

StatusPublished

This text of 70 A.D.2d 889 (People v. Milazzo) 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. Milazzo, 70 A.D.2d 889, 417 N.Y.S.2d 210, 1979 N.Y. App. Div. LEXIS 12471 (N.Y. Ct. App. 1979).

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Opinion

— Appeal by defendant, as limited by his motion, from a sentence of the County Court, Suffolk County, imposed December 6, 1978, upon a conviction of criminal sale of marihuana in the second degree, on his plea of guilty, the sentence being an indeterminate prison term not to exceed four years. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a five-year period of probation and case remanded to the County Court to fix the terms and conditions of probation [890]*890and for further proceedings pursuant to GPL 460.50 (subd 5). In our opinion the defendant should have been sentenced to a period of probation. Rabin, J. P., Gulotta, Shapiro and Cohalan, JJ., concur.

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— Appeal by defendant, as limited by his motion, from a sentence of the County Court, Suffolk County, imposed December 6, 1978, upon a conviction of criminal sale of marihuana in the second degree, on his plea of guilty, the sentence being an indeterminate prison term not to exceed four years. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a five-year period of probation and case remanded to the County Court to fix the terms and conditions of probation [890]*890and for further proceedings pursuant to GPL 460.50 (subd 5). In our opinion the defendant should have been sentenced to a period of probation. Rabin, J. P., Gulotta, Shapiro and Cohalan, JJ., concur.

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Bluebook (online)

70 A.D.2d 889, 417 N.Y.S.2d 210, 1979 N.Y. App. Div. LEXIS 12471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-milazzo-nyappdiv-1979.