People v. Timothy

Appellate Division of the Supreme Court of New York

People v. Timothy

41 A.D.2d 745, 341 N.Y.S.2d 574, 1973 N.Y. App. Div. LEXIS 4985

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

DecidedMarch 5, 1973

StatusPublished

This text of 41 A.D.2d 745 (People v. Timothy) 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. Timothy, 41 A.D.2d 745, 341 N.Y.S.2d 574, 1973 N.Y. App. Div. LEXIS 4985 (N.Y. Ct. App. 1973).

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Opinion

Appeal by 'defendant from a judgment of the Supreme Court, Kings County, rendered January 26, 1971, convicting him of criminal possession of stolen property in the first degree, upon a jury verdict, and sentencing him to a prison term of not more than seven years, consecutive to another sentence imposed upon him by the same court in another case on January 12, 1971 (People v. Timothy, 40 A D 2d 954). Judgment modified, as a matter of discretion in the interests of justice, by changing the provision that the sentence be consecutive to one that the sentence shall run concurrently with the one imposed January 12, 1971. As so modified, judgment affirmed. In our opinion, it was an improvident exercise of discretion to provide that the sentence be consecutive to, rather than concurrent with, the prior sentence. Hopkins, Acting P. J., Munder, Martuscello, Latham and Shapiro, JJ., concur.

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Appeal by 'defendant from a judgment of the Supreme Court, Kings County, rendered January 26, 1971, convicting him of criminal possession of stolen property in the first degree, upon a jury verdict, and sentencing him to a prison term of not more than seven years, consecutive to another sentence imposed upon him by the same court in another case on January 12, 1971 (People v. Timothy, 40 A D 2d 954). Judgment modified, as a matter of discretion in the interests of justice, by changing the provision that the sentence be consecutive to one that the sentence shall run concurrently with the one imposed January 12, 1971. As so modified, judgment affirmed. In our opinion, it was an improvident exercise of discretion to provide that the sentence be consecutive to, rather than concurrent with, the prior sentence. Hopkins, Acting P. J., Munder, Martuscello, Latham and Shapiro, JJ., concur.

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Bluebook (online)

41 A.D.2d 745, 341 N.Y.S.2d 574, 1973 N.Y. App. Div. LEXIS 4985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-timothy-nyappdiv-1973.