People v. Wern

Appellate Division of the Supreme Court of New York

People v. Wern

27 A.D.2d 756, 279 N.Y.S.2d 1018, 1967 N.Y. App. Div. LEXIS 4764

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

DecidedFebruary 27, 1967

StatusPublished

This text of 27 A.D.2d 756 (People v. Wern) 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. Wern, 27 A.D.2d 756, 279 N.Y.S.2d 1018, 1967 N.Y. App. Div. LEXIS 4764 (N.Y. Ct. App. 1967).

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Opinion

Judgment of the County Court, Nassau County, rendered September 13, 1966, modified, on the law, by reducing the sentence imposed to one year. As so modified, judgment affirmed. No questions of fact were considered. In our opinion, the indictment clearly charged a violation of section 480 of the Penal Law and not section 481. It is equally clear from the statements made by defendant’s counsel at the time the plea of guilty was entered that the plea was to an attempt to- violate section 480. The maximum legal sentence which could have been imposed was one 37ear. Beldoek, P. J., Ughetta, Rabin, Benjamin and Munder, JJ., concur.

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Judgment of the County Court, Nassau County, rendered September 13, 1966, modified, on the law, by reducing the sentence imposed to one year. As so modified, judgment affirmed. No questions of fact were considered. In our opinion, the indictment clearly charged a violation of section 480 of the Penal Law and not section 481. It is equally clear from the statements made by defendant’s counsel at the time the plea of guilty was entered that the plea was to an attempt to- violate section 480. The maximum legal sentence which could have been imposed was one 37ear. Beldoek, P. J., Ughetta, Rabin, Benjamin and Munder, JJ., concur.

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Bluebook (online)

27 A.D.2d 756, 279 N.Y.S.2d 1018, 1967 N.Y. App. Div. LEXIS 4764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wern-nyappdiv-1967.