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PEOPLE STATE NEW YORK v. JOSEPH SZYMKIEWICZ (01/13/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


January 13, 1969

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

Judgment of the Supreme Court, Kings County, rendered April 10, 1968, as amended upon resentence on April 25, 1968, modified, on the law, by deleting the sentences for the two misdemeanors and by substituting therefor respective sentences of unconditional discharge.

Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

In our opinion the court is not permitted, under the new Penal Law, to suspend sentence. That type of sentence was replaced by the sentence of unconditional discharge (see Penal Law, ยง 65.20). We have examined defendant's contention that his sentence for the felony was excessive and find it to be without merit.

Disposition

As so modified, amended judgment affirmed.

19690113

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