People v. Robert P.

Appellate Division of the Supreme Court of New York

People v. Robert P.

78 A.D.2d 556, 433 N.Y.S.2d 417, 1980 N.Y. App. Div. LEXIS 12909

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

DecidedSeptember 29, 1980

StatusPublished

This text of 78 A.D.2d 556 (People v. Robert P.) 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. Robert P., 78 A.D.2d 556, 433 N.Y.S.2d 417, 1980 N.Y. App. Div. LEXIS 12909 (N.Y. Ct. App. 1980).

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Opinion

Appeal by defendant, as limited by his motion, from a sentence of the County Court, Suffolk County, imposed June 22, 1979, upon his adjudication as a youthful offender, the sentence being an indeterminate prison term with a maximum of four years. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a period of probation of five years and a term of imprisonment of 60 days, said term of imprisonment shall be a condition of and run concurrently with the period of probation (see Penal Law, § 60.01, subd 2, par [d]). As so modified, sentence affirmed and case remitted to. the County Court, Suffolk County, to fix the conditions of probation and for further proceedings pursuant to CPL 460.50 (subd 5). The sentence was excessive to the extent indicated herein. Hargett, J. P., Martuscello, O’Connor and Weinstein, JJ., concur.

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Appeal by defendant, as limited by his motion, from a sentence of the County Court, Suffolk County, imposed June 22, 1979, upon his adjudication as a youthful offender, the sentence being an indeterminate prison term with a maximum of four years. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a period of probation of five years and a term of imprisonment of 60 days, said term of imprisonment shall be a condition of and run concurrently with the period of probation (see Penal Law, § 60.01, subd 2, par [d]). As so modified, sentence affirmed and case remitted to. the County Court, Suffolk County, to fix the conditions of probation and for further proceedings pursuant to CPL 460.50 (subd 5). The sentence was excessive to the extent indicated herein. Hargett, J. P., Martuscello, O’Connor and Weinstein, JJ., concur.

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Bluebook (online)

78 A.D.2d 556, 433 N.Y.S.2d 417, 1980 N.Y. App. Div. LEXIS 12909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-robert-p-nyappdiv-1980.