PEOPLE v. SUITTE


90 A.D.2d 80 (1982)

The People of the State of New York, Respondent, v. James Suitte, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 22, 1982


Attorney(s) appearing for the Case

Robert W. Farrell (Barry C. Weiss of counsel), for appellant.

Denis Dillon, District Attorney (Judith R. Sternberg of counsel; Susan J. Manne on the brief), for respondent.

THOMPSON and NIEHOFF, JJ., concur with LAZER, J. P.; O'CONNOR, J., dissents and votes to modify the sentence by deleting the period of incarceration, with an opinion.


LAZER, J. P.

The defendant has pleaded guilty to criminal possession of a weapon in the fourth degree, a class A misdemeanor. The sentence we review consists of 30 days of imprisonment and three years of probation, the jail time to be a condition of and to run concurrently with the period of probation. Execution of the sentence has been stayed pending this appeal. In the course of a typically eloquent opinion dissenting from our vote to affirm, Justice...

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