People v. Wiley

Appellate Division of the Supreme Court of New York

People v. Wiley

259 A.D. 740, 18 N.Y.S.2d 437, 1940 N.Y. App. Div. LEXIS 6490

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

DecidedMarch 18, 1940

StatusPublished

Cited by1 cases

This text of 259 A.D. 740 (People v. Wiley) 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. Wiley, 259 A.D. 740, 18 N.Y.S.2d 437, 1940 N.Y. App. Div. LEXIS 6490 (N.Y. Ct. App. 1940).

Pincite

Opinion

Appeal from a judgment of the County Court of Queens County convicting defendant of the crimes of robbery in the first degree, grand larceny in the first degree and assault in the second degree, and sentencing him to State Prison for an indeterminate term of not less than twenty and not more than thirty years. In our opinion the evidence amply supports the conviction. The sentence, however, was not legal in so far as it concerned the minimum thereof. (People v. Lieberman, 248 App. Div. 602; affd., 273 N. Y. 524.) Pursuant to section 543, Code of Criminal Procedure, the judgment of the County Court of Queens County is modified by providing that defendant is sentenced to an indeterminate term of not less than fifteen years and not more than thirty years. As so modified, the judgment is unanimously affirmed. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ.

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

Appeal from a judgment of the County Court of Queens County convicting defendant of the crimes of robbery in the first degree, grand larceny in the first degree and assault in the second degree, and sentencing him to State Prison for an indeterminate term of not less than twenty and not more than thirty years. In our opinion the evidence amply supports the conviction. The sentence, however, was not legal in so far as it concerned the minimum thereof. (People v. Lieberman, 248 App. Div. 602; affd., 273 N. Y. 524.) Pursuant to section 543, Code of Criminal Procedure, the judgment of the County Court of Queens County is modified by providing that defendant is sentenced to an indeterminate term of not less than fifteen years and not more than thirty years. As so modified, the judgment is unanimously affirmed. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

259 A.D. 740, 18 N.Y.S.2d 437, 1940 N.Y. App. Div. LEXIS 6490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wiley-nyappdiv-1940.

Opinion

Related

Cite This Page — Counsel Stack