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People v. Fitzpatrick

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1969
33 A.D.2d 704 (N.Y. App. Div. 1969)

Opinion

November 24, 1969


Judgment of the County Court, Nassau County, rendered January 22, 1969, modified, on the law, by striking therefrom the condition attached to the sentence of unconditional discharge. As so modified, judgment affirmed. The findings of fact below are affirmed. A sentence of discharge must be either conditional or unconditional; it may not, in our opinion, be both at the same time (cf. Penal Law, § 65.05, 65.20 Penal). Beldock, P.J., Christ, Munder, Martuscello and Kleinfeld, JJ., concur.


Summaries of

People v. Fitzpatrick

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1969
33 A.D.2d 704 (N.Y. App. Div. 1969)
Case details for

People v. Fitzpatrick

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES J. FITZPATRICK…

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

Date published: Nov 24, 1969

Citations

33 A.D.2d 704 (N.Y. App. Div. 1969)