Appellate Division of the Supreme Court of New York, 1977

People v. Staton

People v. Staton
Appellate Division of the Supreme Court of New York · Decided July 25, 1977
58 A.D.2d 899; 396 N.Y.S.2d 814; 1977 N.Y. App. Div. LEXIS 13084
People v. Staton

Opinion of the Court

Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County, imposed May 6, 1974, upon his conviction of attempted burglary in the third degree, upon his plea of guilty, the sentence being a five-year period of probation, to commence upon the completion of a Federal prison sentence previously imposed. Sentence modified, on the law, by deleting from the imposition of the five-year term of probation the direction that it commence at the completion of defendant’s Federal term of imprisonment, and substituting therefor a direction that the said five-year term of probation commence on May 6, 1974. As so modified, sentence affirmed (see Penal Law, § 65.15, subd 1). Margett, J. P., Damiani, Rabin and Shapiro, JJ., concur.

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