People v. Shaw

Appellate Division of the Supreme Court of New York

People v. Shaw

38 A.D.2d 566, 328 N.Y.S.2d 384, 1971 N.Y. App. Div. LEXIS 2824

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

DecidedDecember 6, 1971

StatusPublished

This text of 38 A.D.2d 566 (People v. Shaw) 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. Shaw, 38 A.D.2d 566, 328 N.Y.S.2d 384, 1971 N.Y. App. Div. LEXIS 2824 (N.Y. Ct. App. 1971).

Pincite

Opinion

Appeal by defendant from a judgment of the [567]*567Supreme Court, Queens County, rendered June 2, 1971, convicting him of robbery in the third degree, upon his plea of guilty, and sentencing him to a term of not more than three years. Judgment modified, in the interests of justice, by changing the sentence to probation for a period of five years. As so modified, judgment affirmed. In our opinion, defendant’s otherwise untarnished record, his minimal participation in the crime, and his efforts at rehabilitation while on bail indicate that imprisonment is not warranted in this case. Defendant should accordingly have been sentenced to a five-year period of probation. Rabin, P. J., Latham, Shapiro, Gulotta and Brennan, JJ., concur.

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Appeal by defendant from a judgment of the [567]*567Supreme Court, Queens County, rendered June 2, 1971, convicting him of robbery in the third degree, upon his plea of guilty, and sentencing him to a term of not more than three years. Judgment modified, in the interests of justice, by changing the sentence to probation for a period of five years. As so modified, judgment affirmed. In our opinion, defendant’s otherwise untarnished record, his minimal participation in the crime, and his efforts at rehabilitation while on bail indicate that imprisonment is not warranted in this case. Defendant should accordingly have been sentenced to a five-year period of probation. Rabin, P. J., Latham, Shapiro, Gulotta and Brennan, JJ., concur.

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Bluebook (online)

38 A.D.2d 566, 328 N.Y.S.2d 384, 1971 N.Y. App. Div. LEXIS 2824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shaw-nyappdiv-1971.