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People v. Seamon

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 30, 1972
40 A.D.2d 944 (N.Y. App. Div. 1972)

Opinion

November 30, 1972

Appeal from the Herkimer County Court.

Present — Goldman, P.J., Marsh, Moule and Henry, JJ.


Judgment unanimously modified, in the exercise of discretion, to sentence defendant to a five-year term of probation and case remitted to Herkimer County Court for imposition of conditions of probation as specified in section 65.10 Penal of the Penal Law. Memorandum: Defendant has been incarcerated since July 23, 1971. In reviewing the record before us we find that the sentence was unduly harsh and severe in the circumstances (CPL 470.15, subd. 6, par. [b]). The probation report shows that defendant is married and has no prior record except a conviction for leaving the scene of an accident. The report is generally favorable to him. Because of this report and since defendant has been incarcerated since July 23, 1971, modification of the sentence to a term of probation would be appropriate. By so modifying his sentence, supervision of defendant for a period of five years from the date of conviction is assured. (Penal Law, § 65.00, subd. 3, par. [a].)


Summaries of

People v. Seamon

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 30, 1972
40 A.D.2d 944 (N.Y. App. Div. 1972)
Case details for

People v. Seamon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD SEAMON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 30, 1972

Citations

40 A.D.2d 944 (N.Y. App. Div. 1972)

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