People v. Winfield

Appellate Division of the Supreme Court of New York

People v. Winfield

46 A.D.2d 917, 363 N.Y.S.2d 19, 1974 N.Y. App. Div. LEXIS 3252

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

DecidedDecember 23, 1974

StatusPublished

This text of 46 A.D.2d 917 (People v. Winfield) 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. Winfield, 46 A.D.2d 917, 363 N.Y.S.2d 19, 1974 N.Y. App. Div. LEXIS 3252 (N.Y. Ct. App. 1974).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Nassau County, rendered December 14, 1973, convicting him of criminally selling a dangerous drug in the second degree, criminally selling a dangerous drug in the third degree and criminal possession of a dangerous drug in the fourth degree (two counts), upon a jury verdict, and imposing sentence. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence on the first above-mentioned count from an indeterminate prison term of a maximum of 25 years to an indeterminate prison term of a maximum of 15 years. As so modified, judgment affirmed. Under the facts in this case, in which the basis for defendant’s conviction of criminally selling a dangerous drug in the second degree was the sale to a person under 21 years of age but in which such person was a 20-year-old undercover police officer, we conclude that the sentence imposed on that count was excessive to the extent [918]*918indicated herein. Shapiro, Acting P. J., Cohalan, Christ, Brennan and Munder, JJ., concur.

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

Appeal by defendant from a judgment of the County Court, Nassau County, rendered December 14, 1973, convicting him of criminally selling a dangerous drug in the second degree, criminally selling a dangerous drug in the third degree and criminal possession of a dangerous drug in the fourth degree (two counts), upon a jury verdict, and imposing sentence. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence on the first above-mentioned count from an indeterminate prison term of a maximum of 25 years to an indeterminate prison term of a maximum of 15 years. As so modified, judgment affirmed. Under the facts in this case, in which the basis for defendant’s conviction of criminally selling a dangerous drug in the second degree was the sale to a person under 21 years of age but in which such person was a 20-year-old undercover police officer, we conclude that the sentence imposed on that count was excessive to the extent [918]*918indicated herein. Shapiro, Acting P. J., Cohalan, Christ, Brennan and Munder, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

46 A.D.2d 917, 363 N.Y.S.2d 19, 1974 N.Y. App. Div. LEXIS 3252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-winfield-nyappdiv-1974.