[Download] "People State New York v. Leo Yearry" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Leo Yearry
- Author : Supreme Court of New York
- Release Date : January 09, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
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 3-1/2 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. Foster, P.J., Bergan, Coon, Halpern and Gibson, JJ., concur.