People v. Pazkowski

Appellate Division of the Supreme Court of New York

People v. Pazkowski

57 A.D.2d 846, 394 N.Y.S.2d 37, 1977 N.Y. App. Div. LEXIS 12059

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

DecidedMay 2, 1977

StatusPublished

This text of 57 A.D.2d 846 (People v. Pazkowski) 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. Pazkowski, 57 A.D.2d 846, 394 N.Y.S.2d 37, 1977 N.Y. App. Div. LEXIS 12059 (N.Y. Ct. App. 1977).

Pincite

Opinion

Appeal by the People pursuant to CPL 450.20 (subd 4) from an amended sentence of the Supreme Court, Queens County, imposed September 23, 1976 (see CPL 460.10, subd 6), upon defendant’s conviction of arson in the second degree, a class B felony, upon a jury verdict. Sentence reversed, on the law, and case remanded to Criminal Term for resentence in accordance herewith. In view of the fact that defendant was convicted of arson in the second degree, a class B felony (Penal Law, § 150.15), the intermittent sentence imposed was invalid as a matter of law. Such a sentence may only be imposed upon a conviction of a class D or E felony, or for an offense not a felony, provided the defendant is not a second or persistent felony offender (Penal Law, § 85.00). Margett, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.

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Appeal by the People pursuant to CPL 450.20 (subd 4) from an amended sentence of the Supreme Court, Queens County, imposed September 23, 1976 (see CPL 460.10, subd 6), upon defendant’s conviction of arson in the second degree, a class B felony, upon a jury verdict. Sentence reversed, on the law, and case remanded to Criminal Term for resentence in accordance herewith. In view of the fact that defendant was convicted of arson in the second degree, a class B felony (Penal Law, § 150.15), the intermittent sentence imposed was invalid as a matter of law. Such a sentence may only be imposed upon a conviction of a class D or E felony, or for an offense not a felony, provided the defendant is not a second or persistent felony offender (Penal Law, § 85.00). Margett, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.

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Bluebook (online)

57 A.D.2d 846, 394 N.Y.S.2d 37, 1977 N.Y. App. Div. LEXIS 12059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pazkowski-nyappdiv-1977.