People v. Muir

Appellate Division of the Supreme Court of New York

People v. Muir

57 A.D.2d 908, 394 N.Y.S.2d 408, 1977 N.Y. App. Div. LEXIS 12146

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

DecidedMay 16, 1977

StatusPublished

This text of 57 A.D.2d 908 (People v. Muir) 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. Muir, 57 A.D.2d 908, 394 N.Y.S.2d 408, 1977 N.Y. App. Div. LEXIS 12146 (N.Y. Ct. App. 1977).

Pincite

Opinion

Appeal by defendant, as limited by his motion, from (1) a sentence of the County Court, Orange County, imposed February 18, 1976, upon his conviction of criminal possession of a controlled substance in the fifth degree, upon a jury verdict, the sentence being an indeterminate term of imprisonment with a maximum of 10 years and (2) an order of the same court, dated September 22, 1976, which denied his motion, made pursuant to CPL 440.10, to vacate the judgment of conviction. Appeal from the order dismissed. No certificate granting leave to appeal has been issued (see CPL 450.15). Sentence modified, as a matter of discretion in the interest of justice, by reducing it to an indeterminate term of imprisonment with a maximum of three years. As so modified, sentence affirmed. The sentence imposed was excessive to the extent indicated herein. Margett, J. P., Damiani, Rabin and Titone, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant, as limited by his motion, from (1) a sentence of the County Court, Orange County, imposed February 18, 1976, upon his conviction of criminal possession of a controlled substance in the fifth degree, upon a jury verdict, the sentence being an indeterminate term of imprisonment with a maximum of 10 years and (2) an order of the same court, dated September 22, 1976, which denied his motion, made pursuant to CPL 440.10, to vacate the judgment of conviction. Appeal from the order dismissed. No certificate granting leave to appeal has been issued (see CPL 450.15). Sentence modified, as a matter of discretion in the interest of justice, by reducing it to an indeterminate term of imprisonment with a maximum of three years. As so modified, sentence affirmed. The sentence imposed was excessive to the extent indicated herein. Margett, J. P., Damiani, Rabin and Titone, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

57 A.D.2d 908, 394 N.Y.S.2d 408, 1977 N.Y. App. Div. LEXIS 12146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-muir-nyappdiv-1977.