People v. Todd GG.

Appellate Division of the Supreme Court of New York

People v. Todd GG.

196 A.D.2d 907, 603 N.Y.S.2d 777, 1993 N.Y. App. Div. LEXIS 8685

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

DecidedSeptember 23, 1993

StatusPublished

Cited by1 cases

This text of 196 A.D.2d 907 (People v. Todd GG.) 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. Todd GG., 196 A.D.2d 907, 603 N.Y.S.2d 777, 1993 N.Y. App. Div. LEXIS 8685 (N.Y. Ct. App. 1993).

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Opinion

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered October 29, 1987, which revoked defendant’s probation and imposed a sentence of imprisonment.

Defendant was originally sentenced to 60 days in jail and five years’ probation following his adjudication as a youthful offender based upon his plea of guilty of the crime of grand larceny in the second degree. Defendant contends on this appeal that the sentence of lVá to 4 years’ imprisonment that he received after violating his probation was harsh and excessive. The People have joined defense counsel in recommending to this Court that defendant’s sentence be commuted to time served in light of defendant’s medical condition and the fact that a minimal amount of time remains to be served on the sentence. We agree and exercise our discretion in the interest of justice to modify the judgment by reducing the sentence to time served (see, People v Andrea FF., 185 AD2d 557; People v Bagley, 128 AD2d 980).

[908]*908Weiss, P. J., Mikoll, Yesawich Jr. and Crew III, JJ., concur. Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to time served, and, as so modified, affirmed.

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Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered October 29, 1987, which revoked defendant’s probation and imposed a sentence of imprisonment.

Defendant was originally sentenced to 60 days in jail and five years’ probation following his adjudication as a youthful offender based upon his plea of guilty of the crime of grand larceny in the second degree. Defendant contends on this appeal that the sentence of lVá to 4 years’ imprisonment that he received after violating his probation was harsh and excessive. The People have joined defense counsel in recommending to this Court that defendant’s sentence be commuted to time served in light of defendant’s medical condition and the fact that a minimal amount of time remains to be served on the sentence. We agree and exercise our discretion in the interest of justice to modify the judgment by reducing the sentence to time served (see, People v Andrea FF., 185 AD2d 557; People v Bagley, 128 AD2d 980).

[908]*908Weiss, P. J., Mikoll, Yesawich Jr. and Crew III, JJ., concur. Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to time served, and, as so modified, affirmed.

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Bluebook (online)

196 A.D.2d 907, 603 N.Y.S.2d 777, 1993 N.Y. App. Div. LEXIS 8685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-todd-gg-nyappdiv-1993.

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