People v. Sostre

Appellate Division of the Supreme Court of New York

People v. Sostre

42 A.D.2d 1044, 348 N.Y.S.2d 760, 1973 N.Y. App. Div. LEXIS 3364

Appellate Division of the Supreme Court of the State of New York·Decided October 31, 1973·Published·Cited by 3 cases

Opinion

Judgment modified to provide that sentences shall run concurrently, and as modified affirmed. Memorandum: The record discloses a proper case for the modification of the sentence under the authority of section 543 of the Code of Criminal Procedure (now CPL 470.15 subd. 6, par. [b]). All concur, except Moule, J., who dissents and votes to affirm the judgment, citing People v. Gittelson, 18 N Y 2d 427. (Appeal from judgment of Erie County Court convicting defendant of violation of subdivision 1 of section 1751, section 1751-a and subdivision 5 of section 242 of the Penal Law.) Present — Goldman, P. J., Marsh, Moule, Cardamone and Henry, JJ.

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Judgment modified to provide that sentences shall run concurrently, and as modified affirmed. Memorandum: The record discloses a proper case for the modification of the sentence under the authority of section 543 of the Code of Criminal Procedure (now CPL 470.15 subd. 6, par. [b]). All concur, except Moule, J., who dissents and votes to affirm the judgment, citing People v. Gittelson, 18 N Y 2d 427. (Appeal from judgment of Erie County Court convicting defendant of violation of subdivision 1 of section 1751, section 1751-a and subdivision 5 of section 242 of the Penal Law.) Present — Goldman, P. J., Marsh, Moule, Cardamone and Henry, JJ.

People v. Sostre, 42 A.D.2d 1044, 348 N.Y.S.2d 760, 1973 N.Y. App. Div. LEXIS 3364 (N.Y. Ct. App. 1973).

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