Appellate Division of the Supreme Court of New York, 1946

People v. Guarino

People v. Guarino
Appellate Division of the Supreme Court of New York · Decided June 17, 1946
270 A.D. 1032; 63 N.Y.S.2d 93; 1946 N.Y. App. Div. LEXIS 5222
People v. Guarino

Opinion of the Court

Appeal from a judgment of the County Court of Kings County convicting defendant of the crime of assault in the first degree and imposing an indeterminate sentence therefor, the maximum of such punishment to be ten years and the minimum five years, and' imposing ten years additional imprisonment, pursuant to section 1944 of the Penal Law, for being armed. Judgment modified on the law by providing that the additional punishment imposed pursuant to section 1944 of the Penal Law shall be an indeterminate sentence of not less than five nor more than ten years. As so modified, the judgment is unanimously affirmed. The modification of the added sentence is required by People v. Proeito (261 N. Y. 376). Present — Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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