People v. Ogburn

Appellate Division of the Supreme Court of New York

People v. Ogburn

32 A.D.2d 557, 300 N.Y.S.2d 272, 1969 N.Y. App. Div. LEXIS 4182

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

DecidedApril 21, 1969

StatusPublished

This text of 32 A.D.2d 557 (People v. Ogburn) 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. Ogburn, 32 A.D.2d 557, 300 N.Y.S.2d 272, 1969 N.Y. App. Div. LEXIS 4182 (N.Y. Ct. App. 1969).

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Opinion

Appeal by defendant from a judgment of the County Court, Dutchess County, rendered February 28, 1968 on resentence, convicting him of grand larceny in the first degree and petit larceny, upon a jury verdict, and sentencing him to concurrent terms of 8 to 10 years on the grand larceny count, as a first offender, and 11 months and 27 days on the petit larceny count. Judgment modified, on the law, to the extent of eliding the sentence on the grand larceny count and remanding the case to the County Court for resentencing on that count in accordance herewith. No findings of fact with respect to the sentence on the grand larceny count have been affirmed. Under sections 1295 and 2189 of the Penal Law, the sentence imposed on the grand larceny count was illegal in that, under the facts of this case, the minimum of defendant’s sentence for grand larceny, as a first offender, could not properly exceed five years. Defendant must be resentenced in accordance with these provisions of the Penal Law. Beldock, P. J., Christ, Brennan, Rabin, and Hopkins, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Dutchess County, rendered February 28, 1968 on resentence, convicting him of grand larceny in the first degree and petit larceny, upon a jury verdict, and sentencing him to concurrent terms of 8 to 10 years on the grand larceny count, as a first offender, and 11 months and 27 days on the petit larceny count. Judgment modified, on the law, to the extent of eliding the sentence on the grand larceny count and remanding the case to the County Court for resentencing on that count in accordance herewith. No findings of fact with respect to the sentence on the grand larceny count have been affirmed. Under sections 1295 and 2189 of the Penal Law, the sentence imposed on the grand larceny count was illegal in that, under the facts of this case, the minimum of defendant’s sentence for grand larceny, as a first offender, could not properly exceed five years. Defendant must be resentenced in accordance with these provisions of the Penal Law. Beldock, P. J., Christ, Brennan, Rabin, and Hopkins, JJ., concur.

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Bluebook (online)

32 A.D.2d 557, 300 N.Y.S.2d 272, 1969 N.Y. App. Div. LEXIS 4182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ogburn-nyappdiv-1969.