People v. Poole

Appellate Division of the Supreme Court of New York

People v. Poole

152 A.D.2d 712, 544 N.Y.S.2d 493, 1989 N.Y. App. Div. LEXIS 10467

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

DecidedJuly 24, 1989

StatusPublished

This text of 152 A.D.2d 712 (People v. Poole) 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. Poole, 152 A.D.2d 712, 544 N.Y.S.2d 493, 1989 N.Y. App. Div. LEXIS 10467 (N.Y. Ct. App. 1989).

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Opinion

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (Kreindler, J.), imposed September 11, 1986, upon her conviction of manslaughter in the first degree, upon her plea of guilty, the sentence being an indeterminate term of 4 to 12 years’ imprisonment.

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing it to an indeterminate term of 2 Vi to 7 Vi years’ imprisonment; as so modified, the sentence is affirmed.

Upon a review of the record we conclude that the sentence was excessive to the extent indicated. We note that upon their postjudgment investigation of the facts and circumstances of this case, the People have reached the same conclusion, and consent to the reduction. Mollen, P. J., Brown, Spatt and Harwood, JJ., concur.

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Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (Kreindler, J.), imposed September 11, 1986, upon her conviction of manslaughter in the first degree, upon her plea of guilty, the sentence being an indeterminate term of 4 to 12 years’ imprisonment.

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing it to an indeterminate term of 2 Vi to 7 Vi years’ imprisonment; as so modified, the sentence is affirmed.

Upon a review of the record we conclude that the sentence was excessive to the extent indicated. We note that upon their postjudgment investigation of the facts and circumstances of this case, the People have reached the same conclusion, and consent to the reduction. Mollen, P. J., Brown, Spatt and Harwood, JJ., concur.

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Bluebook (online)

152 A.D.2d 712, 544 N.Y.S.2d 493, 1989 N.Y. App. Div. LEXIS 10467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-poole-nyappdiv-1989.