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People v. Rudolph

Appellate Division of the Supreme Court of New York, Third Department
Dec 2, 1976
55 A.D.2d 695 (N.Y. App. Div. 1976)

Opinion

December 2, 1976


Appeal from a judgment of the County Court of Rensselaer County, rendered February 19, 1976, convicting defendant upon his plea of guilty to the crime of robbery in the second degree in violation of section 160.10 Penal of the Penal Law and sentencing him to an indeterminate term of imprisonment not to exceed three years. On this appeal, defendant contends solely that his sentence was unduly harsh and severe. We disagree. Pursuant to subdivision 3 of section 60.05 Penal of the Penal Law, a defendant convicted of robbery in the second degree in violation of section 160.10 Penal of the Penal Law must receive an indeterminate sentence with a maximum of at least three years in accordance with subdivision 2 of section 70.00 Penal of the Penal Law. Judgment affirmed. Koreman, P.J., Kane, Mahoney, Main and Herlihy, JJ., concur.


Summaries of

People v. Rudolph

Appellate Division of the Supreme Court of New York, Third Department
Dec 2, 1976
55 A.D.2d 695 (N.Y. App. Div. 1976)
Case details for

People v. Rudolph

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS B. RUDOLPH…

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

Date published: Dec 2, 1976

Citations

55 A.D.2d 695 (N.Y. App. Div. 1976)