People v. Wilson

Appellate Division of the Supreme Court of New York

People v. Wilson

56 A.D.2d 572, 391 N.Y.S.2d 524, 1977 N.Y. App. Div. LEXIS 10600

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

DecidedFebruary 3, 1977

StatusPublished

This text of 56 A.D.2d 572 (People v. Wilson) 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. Wilson, 56 A.D.2d 572, 391 N.Y.S.2d 524, 1977 N.Y. App. Div. LEXIS 10600 (N.Y. Ct. App. 1977).

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Opinion

Appeal by defendant, as limited by his motion, from a sentence of the County Court, Suffolk County, imposed December 8, 1976, the sentence being an indeterminate period of imprisonment with a maximum of three years, upon his conviction of criminal sale of a dangerous drug in the fifth degree, upon a plea of guilty. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a period of imprisonment of 60 days and probation for an additional 4 years and 10 months. As so modified, sentence affirmed and case remitted to the County Court to fix the terms and conditions of probation and for further proceedings pursuant to CPL 460.50 (subd 5). The sentence was excessive to the extent indicated herein. Gulotta, P. J., Hopkins and Latham, JJ., concur; Martuscello, J., dissents and votes to affirm the sentence.

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Appeal by defendant, as limited by his motion, from a sentence of the County Court, Suffolk County, imposed December 8, 1976, the sentence being an indeterminate period of imprisonment with a maximum of three years, upon his conviction of criminal sale of a dangerous drug in the fifth degree, upon a plea of guilty. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to a period of imprisonment of 60 days and probation for an additional 4 years and 10 months. As so modified, sentence affirmed and case remitted to the County Court to fix the terms and conditions of probation and for further proceedings pursuant to CPL 460.50 (subd 5). The sentence was excessive to the extent indicated herein. Gulotta, P. J., Hopkins and Latham, JJ., concur; Martuscello, J., dissents and votes to affirm the sentence.

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Bluebook (online)

56 A.D.2d 572, 391 N.Y.S.2d 524, 1977 N.Y. App. Div. LEXIS 10600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilson-nyappdiv-1977.