People v. Samilenko

Appellate Division of the Supreme Court of New York

People v. Samilenko

71 A.D.2d 610, 418 N.Y.S.2d 558, 1979 N.Y. App. Div. LEXIS 12824

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

DecidedJuly 2, 1979

StatusPublished

This text of 71 A.D.2d 610 (People v. Samilenko) 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. Samilenko, 71 A.D.2d 610, 418 N.Y.S.2d 558, 1979 N.Y. App. Div. LEXIS 12824 (N.Y. Ct. App. 1979).

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Opinion

—Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County, imposed January 4, 1979, upon his conviction of operating a motor vehicle while under the influence of alcohol, on his plea of guilty, the sentence being a definite prison term of one year. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a five-year' period of probation and case remanded to Criminal Term to fix the conditions of probation and for proceedings pursuant to CPL 460.50 (subd 5). The sentence was excessive to the extent indicated. Shapiro, J. P., Cohalan, Margett and Martuscello, JJ., concur.

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—Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County, imposed January 4, 1979, upon his conviction of operating a motor vehicle while under the influence of alcohol, on his plea of guilty, the sentence being a definite prison term of one year. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a five-year' period of probation and case remanded to Criminal Term to fix the conditions of probation and for proceedings pursuant to CPL 460.50 (subd 5). The sentence was excessive to the extent indicated. Shapiro, J. P., Cohalan, Margett and Martuscello, JJ., concur.

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Bluebook (online)

71 A.D.2d 610, 418 N.Y.S.2d 558, 1979 N.Y. App. Div. LEXIS 12824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-samilenko-nyappdiv-1979.