PEOPLE v. RODRIGUEZ


46 A.D.2d 863 (1974)

The People of the State of New York, Respondent, v. David Rodriguez, Appellant

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

December 5, 1974


In our view, considering all the circumstances of this case, as well as the probation report, confinement for the term imposed is inappropriate. On the other hand, probation is not called for as it would confer no particular benefit upon society: defendant-appellant is well-adjusted and employs his time usefully. Nor is full-time confinement called for, for he is not a criminal in the ordinary sense and has only this aberrant, hot-blooded, not unprovoked act to his discredit...

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