People v. Pagnotta

Appellate Division of the Supreme Court of New York

People v. Pagnotta

49 A.D.2d 630, 373 N.Y.S.2d 519, 1975 N.Y. App. Div. LEXIS 10461

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

DecidedJuly 21, 1975

StatusPublished

This text of 49 A.D.2d 630 (People v. Pagnotta) 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. Pagnotta, 49 A.D.2d 630, 373 N.Y.S.2d 519, 1975 N.Y. App. Div. LEXIS 10461 (N.Y. Ct. App. 1975).

Pincite

Opinion

Appeal by defendant, as limited by his brief, from a sentence of the County Court, Suffolk County, imposed October 3, 1973, upon a conviction of sodomy in the third degree, on his plea of guilty, the sentence being an indeterminate term of imprisonment not to exceed four years. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a five year period of probation and case remanded to the County Court to fix the conditions of probation and for proceedings to direct appellant to surrender himself to said court in order that execution of the judgment be commenced or resumed (CPL 460.50, subd 5). In our opinion, defendant should have been sentenced to a period of probation. Gulotta, P. J., Rabin, Hopkins, Latham and Brennan, JJ., concur.

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Appeal by defendant, as limited by his brief, from a sentence of the County Court, Suffolk County, imposed October 3, 1973, upon a conviction of sodomy in the third degree, on his plea of guilty, the sentence being an indeterminate term of imprisonment not to exceed four years. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a five year period of probation and case remanded to the County Court to fix the conditions of probation and for proceedings to direct appellant to surrender himself to said court in order that execution of the judgment be commenced or resumed (CPL 460.50, subd 5). In our opinion, defendant should have been sentenced to a period of probation. Gulotta, P. J., Rabin, Hopkins, Latham and Brennan, JJ., concur.

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Bluebook (online)

49 A.D.2d 630, 373 N.Y.S.2d 519, 1975 N.Y. App. Div. LEXIS 10461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pagnotta-nyappdiv-1975.