People v. Zahakos

Appellate Division of the Supreme Court of New York

People v. Zahakos

51 A.D.2d 783, 379 N.Y.S.2d 496, 1976 N.Y. App. Div. LEXIS 11347

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

DecidedFebruary 17, 1976

StatusPublished

This text of 51 A.D.2d 783 (People v. Zahakos) 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. Zahakos, 51 A.D.2d 783, 379 N.Y.S.2d 496, 1976 N.Y. App. Div. LEXIS 11347 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Westchester County, rendered April 15, 1975, convicting him of grand larceny in the third degree and possession of a weapon, dangerous instrument and appliance, as a misdemeanor, after a nonjury trial, and imposing concurrent six-month prison sentences. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed upon the conviction for grand larceny in the third degree to a five-year period of probation and by reducing the sentence imposed upon the conviction for possession of a weapon, dangerous instrument and appliance to a three-year period of probation, each to run concurrently, and case remanded to the County Court, Westchester County, to fix the terms and conditions of probation and for further proceedings pursuant to CPL 460.50 (subd 5). As so modified, judgment affirmed. Under all of the facts and circumstances presented, we believe that the sentences were excessive to the extent indicated herein. We have examined defendant’s other contentions and find them to be without merit. Hopkins, Acting P. J., Martuscello, Latham, Rabin and Titone, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Westchester County, rendered April 15, 1975, convicting him of grand larceny in the third degree and possession of a weapon, dangerous instrument and appliance, as a misdemeanor, after a nonjury trial, and imposing concurrent six-month prison sentences. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed upon the conviction for grand larceny in the third degree to a five-year period of probation and by reducing the sentence imposed upon the conviction for possession of a weapon, dangerous instrument and appliance to a three-year period of probation, each to run concurrently, and case remanded to the County Court, Westchester County, to fix the terms and conditions of probation and for further proceedings pursuant to CPL 460.50 (subd 5). As so modified, judgment affirmed. Under all of the facts and circumstances presented, we believe that the sentences were excessive to the extent indicated herein. We have examined defendant’s other contentions and find them to be without merit. Hopkins, Acting P. J., Martuscello, Latham, Rabin and Titone, JJ., concur.

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Bluebook (online)

51 A.D.2d 783, 379 N.Y.S.2d 496, 1976 N.Y. App. Div. LEXIS 11347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-zahakos-nyappdiv-1976.