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People v. Bigley

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1981
81 A.D.2d 1041 (N.Y. App. Div. 1981)

Opinion

May 27, 1981

Appeal from the Onondaga Supreme Court.

Present — Dillon, P.J., Simons, Hancock, Jr., Doerr and Moule, JJ.


Appeal unanimously dismissed. Memorandum: Although defendant's sentence to a one-year definite term as a nonviolent class C felony offender was illegal under section 70.00 Penal of the Penal Law it was subsequently changed during resentencing proceedings to a term of probation for five years, a permitted sentence. The People's contention that the one-year sentence is illegal is now moot and this appeal should be dismissed (see Sedita v Board of Educ., 43 N.Y.2d 827; Matter of Mullins v State Bd. of Parole, 35 N.Y.2d 992).


Summaries of

People v. Bigley

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1981
81 A.D.2d 1041 (N.Y. App. Div. 1981)
Case details for

People v. Bigley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSEPH S. BIGLEY…

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

Date published: May 27, 1981

Citations

81 A.D.2d 1041 (N.Y. App. Div. 1981)