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People v. Orr

57 A.D.2d 578, 393 N.Y.S.2d 580, 1977 N.Y. App. Div. LEXIS 11556
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 11, 1977
StatusPublished
Cited by10 cases

This text of 57 A.D.2d 578 (People v. Orr) 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. Orr, 57 A.D.2d 578, 393 N.Y.S.2d 580, 1977 N.Y. App. Div. LEXIS 11556 (N.Y. Ct. App. 1977).

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 1, 1976, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed. The tolling provision for periods of incarceration contained in section 70.06 of the Penal Law constitutes a rational exercise of legislative judgment. A prior felon can properly be required to demonstrate that he can function in society in a law-abiding manner for a 10-year period in order to avoid being sentenced as a recidivist. We find no merit in defendant’s other contentions. Cohalan, Acting P. J., Hawkins, Suozzi and Mollen, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
57 A.D.2d 578, 393 N.Y.S.2d 580, 1977 N.Y. App. Div. LEXIS 11556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-orr-nyappdiv-1977.