People v. Van Ameron

Appellate Division of the Supreme Court of New York

People v. Van Ameron

60 A.D.2d 785, 400 N.Y.S.2d 651, 1977 N.Y. App. Div. LEXIS 14840

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

DecidedDecember 16, 1977

StatusPublished

This text of 60 A.D.2d 785 (People v. Van Ameron) 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. Van Ameron, 60 A.D.2d 785, 400 N.Y.S.2d 651, 1977 N.Y. App. Div. LEXIS 14840 (N.Y. Ct. App. 1977).

Pincite

Opinion

Judgment unanimously modified in accordance with memorandum and, as modified, affirmed and matter remitted to Orleans County Court for further proceedings in accordance with the following memorandum: Defendant was convicted on his plea of guilty to a charge of criminal possession of a controlled substance in the sixth degree (Penal Law, § 220.06, subd 3) and sentenced to an indeterminate term of imprisonment of seven years for possession of less than one ounce of marijuana. Under all of the circumstances the sentence should be reduced in the exercise of discretion in the interest of justice (CPL 470.15, subd 2, par [c]; subd 6, par [b]) to a revocable sentence of 60 days’ imprisonment and five years’ probation, pursuant to section 60.01 (subd 2, par [d]) of the Penal Law, the periods of imprisonment and probation to run concurrently. The case is remitted to Orleans County Court for the purpose of establishing appropriate conditions of probation pursuant to section 65.10 of the Penal Law designed to further defendant’s rehabilitation, including but not limited to the standard provisions forbidding drug use and a condition that defendant continue outpatient treatments in a rehabilitative program for alcoholism. (Appeal from judgment of Orleans County Court—criminal possession controlled substance, sixth degree.) Present—Cardamone, J. P., Hancock, Jr., Denman and Witmer, JJ.

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Judgment unanimously modified in accordance with memorandum and, as modified, affirmed and matter remitted to Orleans County Court for further proceedings in accordance with the following memorandum: Defendant was convicted on his plea of guilty to a charge of criminal possession of a controlled substance in the sixth degree (Penal Law, § 220.06, subd 3) and sentenced to an indeterminate term of imprisonment of seven years for possession of less than one ounce of marijuana. Under all of the circumstances the sentence should be reduced in the exercise of discretion in the interest of justice (CPL 470.15, subd 2, par [c]; subd 6, par [b]) to a revocable sentence of 60 days’ imprisonment and five years’ probation, pursuant to section 60.01 (subd 2, par [d]) of the Penal Law, the periods of imprisonment and probation to run concurrently. The case is remitted to Orleans County Court for the purpose of establishing appropriate conditions of probation pursuant to section 65.10 of the Penal Law designed to further defendant’s rehabilitation, including but not limited to the standard provisions forbidding drug use and a condition that defendant continue outpatient treatments in a rehabilitative program for alcoholism. (Appeal from judgment of Orleans County Court—criminal possession controlled substance, sixth degree.) Present—Cardamone, J. P., Hancock, Jr., Denman and Witmer, JJ.

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Bluebook (online)

60 A.D.2d 785, 400 N.Y.S.2d 651, 1977 N.Y. App. Div. LEXIS 14840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-van-ameron-nyappdiv-1977.