[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, Âç 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.