People v. Muessmas

Appellate Division of the Supreme Court of New York

People v. Muessmas

64 A.D.2d 640, 406 N.Y.S.2d 992, 1978 N.Y. App. Div. LEXIS 12440

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

DecidedJuly 10, 1978

StatusPublished

This text of 64 A.D.2d 640 (People v. Muessmas) 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. Muessmas, 64 A.D.2d 640, 406 N.Y.S.2d 992, 1978 N.Y. App. Div. LEXIS 12440 (N.Y. Ct. App. 1978).

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Opinion

—Appeal by defendant from a judgment of the County Court, Rockland County, rendered February 3, 1977, convicting her of criminal possession of a controlled substance in the third degree and conspiracy in the first degree, upon her plea of guilty, and imposing a sentence of three years to life on the possession conviction and an indeterminate sentence with a maximum of three years on the conspiracy conviction, the sentences to run concurrently. Judgment modified, as a matter of discretion in the interest of justice, by reducing the minimum period of incarceration on the conviction of criminal [641]*641possession of a controlled substance in the third degree to one year. As so modified, judgment affirmed. Under the facts of this case, the sentence was excessive to the extent indicated herein. Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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—Appeal by defendant from a judgment of the County Court, Rockland County, rendered February 3, 1977, convicting her of criminal possession of a controlled substance in the third degree and conspiracy in the first degree, upon her plea of guilty, and imposing a sentence of three years to life on the possession conviction and an indeterminate sentence with a maximum of three years on the conspiracy conviction, the sentences to run concurrently. Judgment modified, as a matter of discretion in the interest of justice, by reducing the minimum period of incarceration on the conviction of criminal [641]*641possession of a controlled substance in the third degree to one year. As so modified, judgment affirmed. Under the facts of this case, the sentence was excessive to the extent indicated herein. Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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Bluebook (online)

64 A.D.2d 640, 406 N.Y.S.2d 992, 1978 N.Y. App. Div. LEXIS 12440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-muessmas-nyappdiv-1978.