People v. Yearry

Appellate Division of the Supreme Court of New York

People v. Yearry

2 A.D.2d 932, 156 N.Y.S.2d 339, 1956 N.Y. App. Div. LEXIS 3951

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

DecidedNovember 9, 1956

StatusPublished

This text of 2 A.D.2d 932 (People v. Yearry) 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. Yearry, 2 A.D.2d 932, 156 N.Y.S.2d 339, 1956 N.Y. App. Div. LEXIS 3951 (N.Y. Ct. App. 1956).

Pincite

Opinion

Appeal from a judgment of the County Court, Schoharie County. Defendant was originally sentenced in 1946 as a second offender to 7 to 14 years for burglary, third degree, and to 3-% to 7 years for escape, the sentences to run concurrently. The earlier conviction upon which the sentence as a second offender was based was vacated in 1956 and the defendant then moved for resentence as a first offender. He was resentenced as a first offender on May 14, 1956 to a definite period of 10 years for burglary, third degree, and to a definite period of 5 years for escape, the sentences to run concurrently. He appeals directly from these sentences. The court was required to sentence defendant as a first offender to an indeterminate term. (Penal Law, § 2189.) Judgment reversed on the law and defendant remanded to the County Court of Schoharie County for resentence. Poster, P. J., Bergan, Coon, Halpern and Gibson, JJ., concur.

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Appeal from a judgment of the County Court, Schoharie County. Defendant was originally sentenced in 1946 as a second offender to 7 to 14 years for burglary, third degree, and to 3-% to 7 years for escape, the sentences to run concurrently. The earlier conviction upon which the sentence as a second offender was based was vacated in 1956 and the defendant then moved for resentence as a first offender. He was resentenced as a first offender on May 14, 1956 to a definite period of 10 years for burglary, third degree, and to a definite period of 5 years for escape, the sentences to run concurrently. He appeals directly from these sentences. The court was required to sentence defendant as a first offender to an indeterminate term. (Penal Law, § 2189.) Judgment reversed on the law and defendant remanded to the County Court of Schoharie County for resentence. Poster, P. J., Bergan, Coon, Halpern and Gibson, JJ., concur.

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Bluebook (online)

2 A.D.2d 932, 156 N.Y.S.2d 339, 1956 N.Y. App. Div. LEXIS 3951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-yearry-nyappdiv-1956.