People v. Ruggerio

Appellate Division of the Supreme Court of New York

People v. Ruggerio

45 A.D.2d 966, 359 N.Y.S.2d 999, 1974 N.Y. App. Div. LEXIS 4111

Appellate Division of the Supreme Court of the State of New York·Decided September 23, 1974·Published

Opinion

Appeal by defendant, as limited by his brief, from a sentence of the County Court, Orange County, imposed August 1, 1973, upon a conviction of reckless endangerment in the first degree, on a plea of guilty, the sentence being an indeterminate prison term not to exceed seven years. Sentence modified, as a matter of discretion in the interest of justice, by changing it to a certification of defendant to the care and custody of the Drug Addiction Control Commission. As so modified, sentence affirmed. In our opinion, [967] defendant should have been certified to the Drug Addiction Control Commission. Hopkins, Acting P. J., Martuseello, Latham, Shapiro and Christ, JJ., concur.

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Appeal by defendant, as limited by his brief, from a sentence of the County Court, Orange County, imposed August 1, 1973, upon a conviction of reckless endangerment in the first degree, on a plea of guilty, the sentence being an indeterminate prison term not to exceed seven years. Sentence modified, as a matter of discretion in the interest of justice, by changing it to a certification of defendant to the care and custody of the Drug Addiction Control Commission. As so modified, sentence affirmed. In our opinion, [967] defendant should have been certified to the Drug Addiction Control Commission. Hopkins, Acting P. J., Martuseello, Latham, Shapiro and Christ, JJ., concur.

People v. Ruggerio, 45 A.D.2d 966, 359 N.Y.S.2d 999, 1974 N.Y. App. Div. LEXIS 4111 (N.Y. Ct. App. 1974).

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