People v. Moretti

Appellate Division of the Supreme Court of New York

People v. Moretti

60 A.D.2d 849, 400 N.Y.S.2d 578, 1978 N.Y. App. Div. LEXIS 9871

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

DecidedJanuary 3, 1978

StatusPublished

Cited by1 cases

This text of 60 A.D.2d 849 (People v. Moretti) 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. Moretti, 60 A.D.2d 849, 400 N.Y.S.2d 578, 1978 N.Y. App. Div. LEXIS 9871 (N.Y. Ct. App. 1978).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered November 3, 1976, convicting him of assault in the second degree, after a nonjury trial, and imposing a sentence of 30 days’ imprisonment and 5 years’ probation. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence to a sentence of intermittent imprisonment for a period of 30 days, to be served on four consecutive weekends from 8:00 a.m. Saturday until 6:00 p.m. Sunday, and probation for an additional 4 years and 11 months. As so modified, judgment affirmed and case remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (subd 5). The sentence was excessive to the extent indicated herein (see Penal Law, § 60.05, subd 4; § 85.00). Hopkins, J. P., Margett, Rabin and Shapiro, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered November 3, 1976, convicting him of assault in the second degree, after a nonjury trial, and imposing a sentence of 30 days’ imprisonment and 5 years’ probation. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence to a sentence of intermittent imprisonment for a period of 30 days, to be served on four consecutive weekends from 8:00 a.m. Saturday until 6:00 p.m. Sunday, and probation for an additional 4 years and 11 months. As so modified, judgment affirmed and case remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (subd 5). The sentence was excessive to the extent indicated herein (see Penal Law, § 60.05, subd 4; § 85.00). Hopkins, J. P., Margett, Rabin and Shapiro, JJ., concur.

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Bluebook (online)

60 A.D.2d 849, 400 N.Y.S.2d 578, 1978 N.Y. App. Div. LEXIS 9871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moretti-nyappdiv-1978.

Opinion

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