People v. Portillo

Appellate Division of the Supreme Court of New York

People v. Portillo

285 A.D. 940, 138 N.Y.S.2d 722, 1955 N.Y. App. Div. LEXIS 6197

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

DecidedMarch 22, 1955

StatusPublished

Cited by2 cases

This text of 285 A.D. 940 (People v. Portillo) 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. Portillo, 285 A.D. 940, 138 N.Y.S.2d 722, 1955 N.Y. App. Div. LEXIS 6197 (N.Y. Ct. App. 1955).

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Opinion

The evidence is sufficient to sustain the conviction, except as to the third count. There is no indication in the record that elimination of that count would have affected the sentence imposed below, nor do we find same excessive. Under the circumstances, the judgment is unanimously modified by eliminating the conviction on the third count and, as so modified, affirmed. Present — Peck, P. J., Callahan, Breitel, Botein and Rabin, JJ.

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The evidence is sufficient to sustain the conviction, except as to the third count. There is no indication in the record that elimination of that count would have affected the sentence imposed below, nor do we find same excessive. Under the circumstances, the judgment is unanimously modified by eliminating the conviction on the third count and, as so modified, affirmed. Present — Peck, P. J., Callahan, Breitel, Botein and Rabin, JJ.

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Bluebook (online)

285 A.D. 940, 138 N.Y.S.2d 722, 1955 N.Y. App. Div. LEXIS 6197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-portillo-nyappdiv-1955.

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