People v. Tramontana

Appellate Division of the Supreme Court of New York

People v. Tramontana

25 A.D.2d 870, 270 N.Y.S.2d 395, 1966 N.Y. App. Div. LEXIS 4251

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

DecidedMay 16, 1966

StatusPublished

This text of 25 A.D.2d 870 (People v. Tramontana) 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. Tramontana, 25 A.D.2d 870, 270 N.Y.S.2d 395, 1966 N.Y. App. Div. LEXIS 4251 (N.Y. Ct. App. 1966).

Pincite

Opinion

Appeal by each defendant from a respective judgment of the Supreme Court, Queens County, rendered July 26, 1965, convicting him of unlawful entry, upon his plea of guilty, and sentencing him to a term of 18 months in the New York City Penitentiary “ according to the rules and regulations of that institution.” Judgments reversed, on the law, and defendants remanded to the trial court for the purpose of resentence. No questions of fact have been considered. In our opinion, the sentence imposed was unlawful (Correction Law, § 203, subd. [b]). Defendants could not lawfully be sentenced to a fixed term of more than one year (Penal Law, § 1937).

Beldock, P. J., Ughetta, Christ, Hill and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by each defendant from a respective judgment of the Supreme Court, Queens County, rendered July 26, 1965, convicting him of unlawful entry, upon his plea of guilty, and sentencing him to a term of 18 months in the New York City Penitentiary “ according to the rules and regulations of that institution.” Judgments reversed, on the law, and defendants remanded to the trial court for the purpose of resentence. No questions of fact have been considered. In our opinion, the sentence imposed was unlawful (Correction Law, § 203, subd. [b]). Defendants could not lawfully be sentenced to a fixed term of more than one year (Penal Law, § 1937).

Beldock, P. J., Ughetta, Christ, Hill and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

25 A.D.2d 870, 270 N.Y.S.2d 395, 1966 N.Y. App. Div. LEXIS 4251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tramontana-nyappdiv-1966.