People v. Nagle

Appellate Division of the Supreme Court of New York

People v. Nagle

30 A.D.2d 654, 292 N.Y.S.2d 346, 1968 N.Y. App. Div. LEXIS 3719

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

DecidedJune 18, 1968

StatusPublished

Cited by1 cases

This text of 30 A.D.2d 654 (People v. Nagle) 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. Nagle, 30 A.D.2d 654, 292 N.Y.S.2d 346, 1968 N.Y. App. Div. LEXIS 3719 (N.Y. Ct. App. 1968).

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Opinion

Judgment of conviction modified on the law and the facts and in the exercise of discretion by reducing the sentence to an indeterminate term of from 20 years to life and as so modified affirmed. While ample justification existed for the imposition of a substantial sentence herein this court nevertheless considers in view of all the circumstances that the sentence imposed was unnecessarily excessive. The record discloses a proper case for the court’s exercise of discretion to reduce a sentence pursuant to the provisions of section 543 of the Code of Criminal Procedure. Concur—Stevens, J. P., Eager, McGivern and Bastow, JJ.; Capozzoli, J., dissents in part and votes to reduce the sentence to from 30 years to life.

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Judgment of conviction modified on the law and the facts and in the exercise of discretion by reducing the sentence to an indeterminate term of from 20 years to life and as so modified affirmed. While ample justification existed for the imposition of a substantial sentence herein this court nevertheless considers in view of all the circumstances that the sentence imposed was unnecessarily excessive. The record discloses a proper case for the court’s exercise of discretion to reduce a sentence pursuant to the provisions of section 543 of the Code of Criminal Procedure. Concur—Stevens, J. P., Eager, McGivern and Bastow, JJ.; Capozzoli, J., dissents in part and votes to reduce the sentence to from 30 years to life.

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Bluebook (online)

30 A.D.2d 654, 292 N.Y.S.2d 346, 1968 N.Y. App. Div. LEXIS 3719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nagle-nyappdiv-1968.

Opinion

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