People v. Pedone

Appellate Division of the Supreme Court of New York

People v. Pedone

24 A.D.2d 506, 261 N.Y.S.2d 802, 1965 N.Y. App. Div. LEXIS 3755

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

DecidedJune 28, 1965

StatusPublished

This text of 24 A.D.2d 506 (People v. Pedone) 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. Pedone, 24 A.D.2d 506, 261 N.Y.S.2d 802, 1965 N.Y. App. Div. LEXIS 3755 (N.Y. Ct. App. 1965).

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Opinion

Consolidated appeals by defendant from: (1) a judgment of the County Court, Westchester County, entered December 2, 1964 on his plea of guilty, convicting him of being a youthful offender, and sentencing him to the Elmira Reception Center to a term not exceeding three years; and (2) from an order of said court, entered February 2, 1965, which denied without a hearing his coram nobis application to vacate said judgment, and to withdraw his plea of guilty. Judgment modified on the facts by suspending sentence and placing the defendant on probation for one year. As so modified, judgment affirmed. Appeal from order dismissed as academic. In our opinion, the sentence imposed on defendant was excessive, in view of the fact that he was 17 years old, a high school student, and had no previous police record. Beldoek, P. J., Ughetta, Christ, Hill and Hopkins, JJ., concur.

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Consolidated appeals by defendant from: (1) a judgment of the County Court, Westchester County, entered December 2, 1964 on his plea of guilty, convicting him of being a youthful offender, and sentencing him to the Elmira Reception Center to a term not exceeding three years; and (2) from an order of said court, entered February 2, 1965, which denied without a hearing his coram nobis application to vacate said judgment, and to withdraw his plea of guilty. Judgment modified on the facts by suspending sentence and placing the defendant on probation for one year. As so modified, judgment affirmed. Appeal from order dismissed as academic. In our opinion, the sentence imposed on defendant was excessive, in view of the fact that he was 17 years old, a high school student, and had no previous police record. Beldoek, P. J., Ughetta, Christ, Hill and Hopkins, JJ., concur.

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Bluebook (online)

24 A.D.2d 506, 261 N.Y.S.2d 802, 1965 N.Y. App. Div. LEXIS 3755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pedone-nyappdiv-1965.