Appellate Division of the Supreme Court of New York, 1977

People v. Callahan

People v. Callahan
Appellate Division of the Supreme Court of New York · Decided April 25, 1977
57 A.D.2d 631; 393 N.Y.S.2d 685; 1977 N.Y. App. Div. LEXIS 11646
People v. Callahan

Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 17, 1976, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing an indeterminate sentence of imprisonment with a maximum of 25 years. Judgment modified, as a matter of discretion in the interest of justice, by reducing the maximum period of imprisonment to 15 years. As so modified, judgment affirmed. The sentence was excessive to the extent indicated herein. Hopkins, Acting P. J., Hargett and Rabin, JJ., concur; Latham and Damiani, JJ., dissent and vote to affirm the judgment.

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