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PEOPLE STATE NEW YORK v. JOHN JOSEPH KAMPF (06/10/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


June 10, 1968

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JOHN JOSEPH KAMPF, APPELLANT

Judgment of the Supreme Court, Queens County, rendered January 3, 1968, modified, on the law and the facts, so as to amend the sentence from imprisonment in the Penitentiary of the City of New York to imprisonment for a definite term of one year.

Christ, Acting P. J., Brennan, Rabin, Munder and Martuscello, JJ., concur.

In our opinion, the court below erred in imposing an indefinite term of imprisonment under article 7-A of the Correction Law, which, at the date of sentence, had been repealed. (See People v. Monteleone, 30 A.D.2d 158.)

Disposition

As so modified, judgment affirmed.

19680610

© 1998 VersusLaw Inc.



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