People v. Rueben

Appellate Division of the Supreme Court of New York

People v. Rueben

55 A.D.2d 588, 390 N.Y.S.2d 590, 1976 N.Y. App. Div. LEXIS 15285

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

DecidedDecember 30, 1976

StatusPublished

This text of 55 A.D.2d 588 (People v. Rueben) 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. Rueben, 55 A.D.2d 588, 390 N.Y.S.2d 590, 1976 N.Y. App. Div. LEXIS 15285 (N.Y. Ct. App. 1976).

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Opinion

Judgment of conviction after jury trial, Supreme Court, Bronx County, rendered February 25, 1974, unanimously modified in the interest of justice and the exercise of discretion, to reduce defendant-appellant’s sentence from 5 to 15 years on the rape count to 3 to 12 years, and otherwise affirmed. Nothing of merit is present on appeal, and no trial error occurred which affected the outcome. The issue presented for the jury’s consideration was merely one of credibility and, though neither complainant nor defendant-appellant appears a model of propriety, there was sufficient room for the jury to decide as it did, particularly in consideration of the corroborative evidence. However, we agree with the Trial Justice’s belated realization (CPL 430.10) that the sentence was too severe, and, without objection by the prosecutor, we accomplish in this regard what the trial court was barred from doing. Concur—Stevens, P. J., Markewich, Kupferman, Silverman and Lane, JJ.

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Judgment of conviction after jury trial, Supreme Court, Bronx County, rendered February 25, 1974, unanimously modified in the interest of justice and the exercise of discretion, to reduce defendant-appellant’s sentence from 5 to 15 years on the rape count to 3 to 12 years, and otherwise affirmed. Nothing of merit is present on appeal, and no trial error occurred which affected the outcome. The issue presented for the jury’s consideration was merely one of credibility and, though neither complainant nor defendant-appellant appears a model of propriety, there was sufficient room for the jury to decide as it did, particularly in consideration of the corroborative evidence. However, we agree with the Trial Justice’s belated realization (CPL 430.10) that the sentence was too severe, and, without objection by the prosecutor, we accomplish in this regard what the trial court was barred from doing. Concur—Stevens, P. J., Markewich, Kupferman, Silverman and Lane, JJ.

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Bluebook (online)

55 A.D.2d 588, 390 N.Y.S.2d 590, 1976 N.Y. App. Div. LEXIS 15285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rueben-nyappdiv-1976.