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People v. Crespo

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 1971
37 A.D.2d 767 (N.Y. App. Div. 1971)

Opinion

September 28, 1971


Judgments, Supreme Court, Bronx County, rendered May 15, 1970, after a jury trial, convicting defendants-appellants of attempted assault, second degree (Penal Law, § 110.00, 120.05 Penal) and coercion, second degree (Penal Law, § 135.60), unanimously modified, on the law and the facts, by reducing the attempted assault in the second degree to assault third degree, by dismissing the coercion count and by unconditionally discharging the defendants, and as so modified, the judgments are affirmed. The record does not sustain the judgment as to the crimes found by the jury but amply sustains a conviction of both defendants to the crime of assault, third degree. (Code Crim. Pro., § 543, subd. 2.) In view of the reduction to a misdemeanor, the sentence should be modified to give credit for the time the defendants have been on probation and the defendants are therefore unconditionally discharged.

Concur — McGivern, J.P., Markewich, Nunez, Kupferman and Murphy, JJ.


Summaries of

People v. Crespo

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 1971
37 A.D.2d 767 (N.Y. App. Div. 1971)
Case details for

People v. Crespo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NELLIE CRESPO…

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

Date published: Sep 28, 1971

Citations

37 A.D.2d 767 (N.Y. App. Div. 1971)