People v. Waltower

Appellate Terms of the Supreme Court of New York

People v. Waltower

62 Misc. 2d 939, 310 N.Y.S.2d 454, 1970 N.Y. Misc. LEXIS 1935

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 28, 1970

StatusPublished

This text of 62 Misc. 2d 939 (People v. Waltower) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Waltower, 62 Misc. 2d 939, 310 N.Y.S.2d 454, 1970 N.Y. Misc. LEXIS 1935 (N.Y. Ct. App. 1970).

Pincite

Opinion

Per Curiam.

Pursuant to subdivision 3 of section 913-m of the Code of Criminal Procedure, defendant was sentenced on April 7, 1969 to a period of probation not to exceed five years, as a youthful offender, for criminal possession of a dangerous drug in the fourth degree (Penal Law, § 220.05), a class A misdemeanor. Subdivision 3 of section 913-m was amended, effective September 1, 1969, to provide that a youthful offender sentence shall be governed by the provisions applicable to a sentence imposed upon a conviction for the criminal act underlying the adjudication. Section 65.00 (subd. 3, par. [b]) of the Penal Law provides- the period of probation for a class A misdemeanor shall be three years. On consent of the District Attorney, the sentence is reduced to the extent indicated.

The judgment adjudicating defendant a youthful offender unanimously should be modified on the facts by reducing the sentence to probation for three years, and, as modified, affirmed.

Concur — Croat, P. J., Rinaldi and Cone, JJ.

Judgment modified, etc.

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Per Curiam.

Pursuant to subdivision 3 of section 913-m of the Code of Criminal Procedure, defendant was sentenced on April 7, 1969 to a period of probation not to exceed five years, as a youthful offender, for criminal possession of a dangerous drug in the fourth degree (Penal Law, § 220.05), a class A misdemeanor. Subdivision 3 of section 913-m was amended, effective September 1, 1969, to provide that a youthful offender sentence shall be governed by the provisions applicable to a sentence imposed upon a conviction for the criminal act underlying the adjudication. Section 65.00 (subd. 3, par. [b]) of the Penal Law provides- the period of probation for a class A misdemeanor shall be three years. On consent of the District Attorney, the sentence is reduced to the extent indicated.

The judgment adjudicating defendant a youthful offender unanimously should be modified on the facts by reducing the sentence to probation for three years, and, as modified, affirmed.

Concur — Croat, P. J., Rinaldi and Cone, JJ.

Judgment modified, etc.

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Bluebook (online)

62 Misc. 2d 939, 310 N.Y.S.2d 454, 1970 N.Y. Misc. LEXIS 1935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-waltower-nyappterm-1970.