People v. Piscitelli

Appellate Division of the Supreme Court of New York

People v. Piscitelli

103 A.D.2d 758, 477 N.Y.S.2d 594, 1984 N.Y. App. Div. LEXIS 19367

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

DecidedJuly 2, 1984

StatusPublished

This text of 103 A.D.2d 758 (People v. Piscitelli) 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. Piscitelli, 103 A.D.2d 758, 477 N.Y.S.2d 594, 1984 N.Y. App. Div. LEXIS 19367 (N.Y. Ct. App. 1984).

Pincite

Opinion

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered July 7, 1983, convicting him of assault in the second degree, upon a jury verdict, and sentencing him to an intermittent term of imprisonment of one year, to be served on weekends. H Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed to an intermittent term of imprisonment of three months, to be served on weekends. As so modified, judgment affirmed, and matter remitted to the Supreme Court, Kings County, to specify the first and last dates upon which defendant is to be incarcerated under such sentence in accordance with section 85.00 (subd 4, par [a], cl [IV]) of the Penal Law and for further proceedings pursuant to CPL 460.50 (subd 5). 11 Under the circumstances of this case, the sentence was excessive to the extent indicated. Bracken, J. P., Weinstein, Brown and Niehoff, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered July 7, 1983, convicting him of assault in the second degree, upon a jury verdict, and sentencing him to an intermittent term of imprisonment of one year, to be served on weekends. H Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed to an intermittent term of imprisonment of three months, to be served on weekends. As so modified, judgment affirmed, and matter remitted to the Supreme Court, Kings County, to specify the first and last dates upon which defendant is to be incarcerated under such sentence in accordance with section 85.00 (subd 4, par [a], cl [IV]) of the Penal Law and for further proceedings pursuant to CPL 460.50 (subd 5). 11 Under the circumstances of this case, the sentence was excessive to the extent indicated. Bracken, J. P., Weinstein, Brown and Niehoff, JJ., concur.

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Bluebook (online)

103 A.D.2d 758, 477 N.Y.S.2d 594, 1984 N.Y. App. Div. LEXIS 19367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-piscitelli-nyappdiv-1984.