People v. Royster

Appellate Division of the Supreme Court of New York

People v. Royster

33 A.D.2d 925, 307 N.Y.S.2d 577, 1970 N.Y. App. Div. LEXIS 5664

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

DecidedJanuary 26, 1970

StatusPublished

This text of 33 A.D.2d 925 (People v. Royster) 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. Royster, 33 A.D.2d 925, 307 N.Y.S.2d 577, 1970 N.Y. App. Div. LEXIS 5664 (N.Y. Ct. App. 1970).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Nassau County, rendered February 9, 1967 upon a jury verdict convicting him of grand larceny in the first degree, which sentenced him as a second felony offender to a prison term of 5 to 10 years, but suspended execution of the sentence and placed him on probation. Judgment modified, on the law and the facts, by reducing (1) the conviction to grand larceny in the second degree and (2) the sentence to 2% to 5 years, with execution thereof suspended and the same probation terms. As so modified, judgment affirmed. In our opinion, the People established that the stolen property had a value of more than $100 but not more than $500; therefore, the conviction should not have been for first degree, but rather second degree, grand larceny (former Penal Law, § 1296, subd. 1). Christ, Acting P. J., Rabin, Benjamin, Martuscello and Kleinfeld, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Nassau County, rendered February 9, 1967 upon a jury verdict convicting him of grand larceny in the first degree, which sentenced him as a second felony offender to a prison term of 5 to 10 years, but suspended execution of the sentence and placed him on probation. Judgment modified, on the law and the facts, by reducing (1) the conviction to grand larceny in the second degree and (2) the sentence to 2% to 5 years, with execution thereof suspended and the same probation terms. As so modified, judgment affirmed. In our opinion, the People established that the stolen property had a value of more than $100 but not more than $500; therefore, the conviction should not have been for first degree, but rather second degree, grand larceny (former Penal Law, § 1296, subd. 1). Christ, Acting P. J., Rabin, Benjamin, Martuscello and Kleinfeld, JJ., concur.

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Bluebook (online)

33 A.D.2d 925, 307 N.Y.S.2d 577, 1970 N.Y. App. Div. LEXIS 5664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-royster-nyappdiv-1970.