People v. Price

Appellate Division of the Supreme Court of New York

People v. Price

44 A.D.2d 575, 353 N.Y.S.2d 939, 1974 N.Y. App. Div. LEXIS 5538

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 1974·Published

Opinion

Appeal by defendant, as limited by his brief, from a sentence of the County Court, Rockland County, imposed June 27, 1973, upon a conviction of robbery in the third degree, on a plea of guilty, the sentence being an indeterminate prison term not to exceed four years. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a prison term of time served plus a period of probation. As so modified, sentence affirmed and case remitted to the County Court for the fixing of the period of probation and the conditions thereof. In our opinion, the sentence was excessive to the extent indicated herein. Gulotta, P. J., Hopkins, Martuseello, Shapiro and Cohalan, JJ., concur.

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Appeal by defendant, as limited by his brief, from a sentence of the County Court, Rockland County, imposed June 27, 1973, upon a conviction of robbery in the third degree, on a plea of guilty, the sentence being an indeterminate prison term not to exceed four years. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a prison term of time served plus a period of probation. As so modified, sentence affirmed and case remitted to the County Court for the fixing of the period of probation and the conditions thereof. In our opinion, the sentence was excessive to the extent indicated herein. Gulotta, P. J., Hopkins, Martuseello, Shapiro and Cohalan, JJ., concur.

People v. Price, 44 A.D.2d 575, 353 N.Y.S.2d 939, 1974 N.Y. App. Div. LEXIS 5538 (N.Y. Ct. App. 1974).

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