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People v. Tyran

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1998
248 A.D.2d 1010 (N.Y. App. Div. 1998)

Opinion

March 13, 1998

Appeal from the Niagara County Court, Fricano, J. — Criminal Contempt, 1st Degree.

Present Green, J. P., Lawton, Wisner, Callahan and Balio, JJ.


Judgment unanimously modified on the law and as modified affirmed and matter remitted to Niagara County Court for resentencing in accordance with the following Memorandum: Because County Court failed to sentence defendant as a second felony offender, the sentence imposed upon his conviction of criminal contempt in the first degree is illegal and must be vacated. Thus, we remit the matter to Niagara County Court for resentencing on that count (see, People v. Highsmith, 248 A.D.2d 961 [decided herewith]; People v. Sanchez, 244 A.D.2d 922). We reject the contention of defendant that his sentence is otherwise unduly harsh or severe.


Summaries of

People v. Tyran

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1998
248 A.D.2d 1010 (N.Y. App. Div. 1998)
Case details for

People v. Tyran

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN S. TYRAN, JR.…

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

Date published: Mar 13, 1998

Citations

248 A.D.2d 1010 (N.Y. App. Div. 1998)
670 N.Y.S.2d 154