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People v. Bologna

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1979
71 A.D.2d 607 (N.Y. App. Div. 1979)

Opinion

July 2, 1979


The defendant purports to appeal from certain proceedings conducted in the Supreme Court, Westchester County, on March 15, 1979. Purported appeal dismissed. The sentence allegedly imposed on March 15, 1979 was actually imposed September 5, 1978, upon the revocation of a previously imposed sentence of probation. Any issue as to excessiveness should have been raised on the appeal from the amended judgment, rendered September 5, 1978 and subsequently affirmed by this court (see People v. Bologna, 67 A.D.2d 1004). Any claim with respect to jail credit should be made in a CPLR article 78 proceeding. Cohalan, J.P., Margett, Martuscello and Mangano, JJ., concur.


Summaries of

People v. Bologna

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1979
71 A.D.2d 607 (N.Y. App. Div. 1979)
Case details for

People v. Bologna

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BOLOGNA, Appellant

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

Date published: Jul 2, 1979

Citations

71 A.D.2d 607 (N.Y. App. Div. 1979)