People v. Shackleford

Appellate Division of the Supreme Court of New York

People v. Shackleford

91 A.D.2d 1205, 459 N.Y.S.2d 417, 1983 N.Y. App. Div. LEXIS 16573

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

DecidedJanuary 31, 1983

StatusPublished

This text of 91 A.D.2d 1205 (People v. Shackleford) 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. Shackleford, 91 A.D.2d 1205, 459 N.Y.S.2d 417, 1983 N.Y. App. Div. LEXIS 16573 (N.Y. Ct. App. 1983).

Pincite

Opinion

— Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum: A three-count indictment charged defendant with two counts of robbery, second degree, and one count of criminal possession of a weapon, fourth degree. After a nonjury trial the court convicted him of one count of robbery, second degree, under count two of the indictment, thus effectively acquitting him of the other two charges and dismissing those counts of the indictment. The People concede that the court erred in imposing sentences on all three charges (see CPL 380.20). The sentences imposed for robbery, second degree, under count one of the indictment and criminal possession of a weapon, fourth degree, under count three are vacated. On examination of the record we do not find the sentence imposed for robbery, second degree, under count two to be excessive. (Appeal from judgment of Erie County Court, Wolfgang, J. — robbery, second degree.) Present — Hancock, Jr., J. P., Callahan, Doerr, Boomer and Schnepp, JJ.

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— Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum: A three-count indictment charged defendant with two counts of robbery, second degree, and one count of criminal possession of a weapon, fourth degree. After a nonjury trial the court convicted him of one count of robbery, second degree, under count two of the indictment, thus effectively acquitting him of the other two charges and dismissing those counts of the indictment. The People concede that the court erred in imposing sentences on all three charges (see CPL 380.20). The sentences imposed for robbery, second degree, under count one of the indictment and criminal possession of a weapon, fourth degree, under count three are vacated. On examination of the record we do not find the sentence imposed for robbery, second degree, under count two to be excessive. (Appeal from judgment of Erie County Court, Wolfgang, J. — robbery, second degree.) Present — Hancock, Jr., J. P., Callahan, Doerr, Boomer and Schnepp, JJ.

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Bluebook (online)

91 A.D.2d 1205, 459 N.Y.S.2d 417, 1983 N.Y. App. Div. LEXIS 16573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shackleford-nyappdiv-1983.