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People v. Lirio

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1976
54 A.D.2d 732 (N.Y. App. Div. 1976)

Opinion

October 18, 1976


Appeal by defendant, as limited by his brief, from a sentence of the County Court, Nassau County, imposed January 15, 1976, upon his conviction of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, the sentences being concurrent intermittent terms of imprisonment, to be served on weekends, for one year. Sentence affirmed. In our opinion subdivision 4 of section 60.05 Penal of the Penal Law mandates a sentence of imprisonment for persons convicted of the class D felony of assault in the second degree (see People v Le Clair, 47 A.D.2d 679). The crime of assault in the second degree is defined in section 120.05 Penal of the Penal Law rather than in section 120.25; the reference to "assault in the second degree as defined in section 120.25", contained in subdivision 4 of section 60.05 Penal of the Penal Law, which deals with authorized disposition of such crimes, is clearly nothing but a typographical error. Margett, Acting P.J., Damiani, Rabin, Shapiro and Titone, JJ., concur.


Summaries of

People v. Lirio

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1976
54 A.D.2d 732 (N.Y. App. Div. 1976)
Case details for

People v. Lirio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABILIO LIRIO, Appellant

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

Date published: Oct 18, 1976

Citations

54 A.D.2d 732 (N.Y. App. Div. 1976)

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