People v. Scully

Appellate Division of the Supreme Court of New York

People v. Scully

50 A.D.2d 824, 376 N.Y.S.2d 914, 1975 N.Y. App. Div. LEXIS 11667

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

DecidedDecember 8, 1975

StatusPublished

This text of 50 A.D.2d 824 (People v. Scully) 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. Scully, 50 A.D.2d 824, 376 N.Y.S.2d 914, 1975 N.Y. App. Div. LEXIS 11667 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 7, 1975, convicting him of attempted assault in the first degree, upon a jury verdict, and sentencing him to one year in the New York City Correctional Institution. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence to the time already served, with defendant to be continued on probation for a period of three years, and case remanded to the Criminal Term to fix the conditions of probation and for proceedings to direct appellant to surrender himself to said court in order that execution of the judgment be commenced or resumed (CPL 460.50, subd 5). As so modified, judgment affirmed. Under the circumstances of this case, we believe the sentence as reduced herein is adequate. Rabin, Acting P. J., Hopkins, Martuscello, Christ and Shapiro, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 7, 1975, convicting him of attempted assault in the first degree, upon a jury verdict, and sentencing him to one year in the New York City Correctional Institution. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence to the time already served, with defendant to be continued on probation for a period of three years, and case remanded to the Criminal Term to fix the conditions of probation and for proceedings to direct appellant to surrender himself to said court in order that execution of the judgment be commenced or resumed (CPL 460.50, subd 5). As so modified, judgment affirmed. Under the circumstances of this case, we believe the sentence as reduced herein is adequate. Rabin, Acting P. J., Hopkins, Martuscello, Christ and Shapiro, JJ., concur.

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Bluebook (online)

50 A.D.2d 824, 376 N.Y.S.2d 914, 1975 N.Y. App. Div. LEXIS 11667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scully-nyappdiv-1975.