People v. Tomasi

Appellate Division of the Supreme Court of New York

People v. Tomasi

61 A.D.2d 1052, 403 N.Y.S.2d 1020, 1978 N.Y. App. Div. LEXIS 10731

Appellate Division of the Supreme Court of the State of New York·Decided March 27, 1978·Published·Cited by 1 cases

Opinion

Appeal by defendant, as limited by his brief, from a sentence of the County Court, Dutchess County, imposed June 13, 1974, upon his plea of guilty to the crime of promoting gambling in the first degree, the sentence being a six-month term of imprisonment. Appeal dismissed as academic. Since there was no stay of execution, it is manifest that defendant has long since served the six-month sentence imposed. As the excessiveness of sentence is the only issue raised, the appeal is academic (see People v Edney, 38 NY2d 853). Hopkins, J. P., Martuscello, Latham and Damiani, JJ., concur.

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Appeal by defendant, as limited by his brief, from a sentence of the County Court, Dutchess County, imposed June 13, 1974, upon his plea of guilty to the crime of promoting gambling in the first degree, the sentence being a six-month term of imprisonment. Appeal dismissed as academic. Since there was no stay of execution, it is manifest that defendant has long since served the six-month sentence imposed. As the excessiveness of sentence is the only issue raised, the appeal is academic (see People v Edney, 38 NY2d 853). Hopkins, J. P., Martuscello, Latham and Damiani, JJ., concur.

People v. Tomasi, 61 A.D.2d 1052, 403 N.Y.S.2d 1020, 1978 N.Y. App. Div. LEXIS 10731 (N.Y. Ct. App. 1978).

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