People v. Record

Appellate Division of the Supreme Court of New York

People v. Record

51 A.D.2d 677, 378 N.Y.S.2d 156, 1976 N.Y. App. Div. LEXIS 11040

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

DecidedJanuary 16, 1976

StatusPublished

This text of 51 A.D.2d 677 (People v. Record) 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. Record, 51 A.D.2d 677, 378 N.Y.S.2d 156, 1976 N.Y. App. Div. LEXIS 11040 (N.Y. Ct. App. 1976).

Pincite

Opinion

Judgment insofar as it imposes sentence unanimously modified in the interest of justice as a matter of discretion by reducing the sentence to a maximum term of three years and otherwise judgment affirmed. Memorandum: We modify this 22-year-old appellant’s seven-year sentence because his record was unblemished until the incidents occurred which resulted in his guilty plea to arson in the third degree. Appellant had been steadily employed and one of his employers furnished the court with a testimonial respecting his good character. Further, the Probation Department of Ontario County recommended a sentence of probation. Appellant is presently confined at the Attica Correctional Facility where he will now serve a maximum three-year sentence. In view of the psychological evaluation attached to the probation report, we strongly urge that psychiatric counseling be made available to him during the remainder of his term of imprisonment and, if earlier released on parole, that counseling be made a condition of such release. (Appeal from judgment of Ontario County Court convicting defendant of arson, third degree.) Present—Marsh, P. J., Moule, Cardamone, Simons and Mahoney, JJ.

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Judgment insofar as it imposes sentence unanimously modified in the interest of justice as a matter of discretion by reducing the sentence to a maximum term of three years and otherwise judgment affirmed. Memorandum: We modify this 22-year-old appellant’s seven-year sentence because his record was unblemished until the incidents occurred which resulted in his guilty plea to arson in the third degree. Appellant had been steadily employed and one of his employers furnished the court with a testimonial respecting his good character. Further, the Probation Department of Ontario County recommended a sentence of probation. Appellant is presently confined at the Attica Correctional Facility where he will now serve a maximum three-year sentence. In view of the psychological evaluation attached to the probation report, we strongly urge that psychiatric counseling be made available to him during the remainder of his term of imprisonment and, if earlier released on parole, that counseling be made a condition of such release. (Appeal from judgment of Ontario County Court convicting defendant of arson, third degree.) Present—Marsh, P. J., Moule, Cardamone, Simons and Mahoney, JJ.

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Bluebook (online)

51 A.D.2d 677, 378 N.Y.S.2d 156, 1976 N.Y. App. Div. LEXIS 11040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-record-nyappdiv-1976.