People v. Smiley

Appellate Division of the Supreme Court of New York

People v. Smiley

41 A.D.2d 634, 340 N.Y.S.2d 863, 1973 N.Y. App. Div. LEXIS 5075

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

DecidedFebruary 22, 1973

StatusPublished

This text of 41 A.D.2d 634 (People v. Smiley) 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. Smiley, 41 A.D.2d 634, 340 N.Y.S.2d 863, 1973 N.Y. App. Div. LEXIS 5075 (N.Y. Ct. App. 1973).

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Opinion

Judgment of the Supreme Court, New York County, entered on January-6, 1972, upon defendant’s plea' of guilty, sentencing ' defendant to imprisonment -for one year to the New York . City Correctional' Institution for Men, unanimously modified, ás a matter, of -discretion, by reducing ■ the sentence to; the time served and, as so modified, the judgment is affirmed. . The sentence herein was' for one' year, and when in May, 1972 defendant was permitted to post bail pending appeal, defendant, had, including presentence jail time, served approximately seven months. In our opinion, considering all the circumstances, the interests of justice will be adequately served by a reduction of the sentence to the • time served. Concur — McGivérn, J. P., Markewich, • Nunez, Murphy and Tilzer,. JJ.

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Judgment of the Supreme Court, New York County, entered on January-6, 1972, upon defendant’s plea' of guilty, sentencing ' defendant to imprisonment -for one year to the New York . City Correctional' Institution for Men, unanimously modified, ás a matter, of -discretion, by reducing ■ the sentence to; the time served and, as so modified, the judgment is affirmed. . The sentence herein was' for one' year, and when in May, 1972 defendant was permitted to post bail pending appeal, defendant, had, including presentence jail time, served approximately seven months. In our opinion, considering all the circumstances, the interests of justice will be adequately served by a reduction of the sentence to the • time served. Concur — McGivérn, J. P., Markewich, • Nunez, Murphy and Tilzer,. JJ.

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Bluebook (online)

41 A.D.2d 634, 340 N.Y.S.2d 863, 1973 N.Y. App. Div. LEXIS 5075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-smiley-nyappdiv-1973.