PEOPLE v. HYDE


3 A.D.2d 854 (1957)

The People of the State of New York, Respondent, v. Robert R. Hyde, Appellant

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

April 15, 1957


Judgment modified on the facts by striking therefrom the provisions imposing the additional term for being armed and that the terms are to run consecutively, and by adding thereto a provision to the effect that the terms imposed on the robbery and assault charges shall run concurrently. As so modified, judgment unanimously affirmed.

In our opinion, the imposition of the additional sentence for being armed constitutes, in the circumstances of this case, excessive punishment...

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