Legal Opinion

People v. Kirkland

New York Supreme Court

Decided March 21, 1986PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Jerome L. Reinstein, J.

Because of a presumably unintentional omission by our Legislature it now appears possible for a person with a less than five-year-old class B misdemeanor conviction who is convicted by a jury of certain class A misdemeanors in the New York City Criminal Court to receive a maximum sen*488tence of one year, while another person with a less than five-year-old armed violent felony conviction convicted by a jury of the same class A misdemeanor in the Supreme Court could only receive a maximum sentence of six months.

This strange result seems to be an…

2Cases cited3 opinions

  1. Baldwin v. New YorkSupreme Court of the United States · 1970
  2. People v. ScarbroughNew York Court of Appeals · 1985
  3. People v. HowardNew York Court of Appeals · 1983

3Cited by4 opinions

  1. People v. HarpAppellate Division of the Supreme Court of the State of New York · 1987
  2. People ex rel. Silverman v. SielaffAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. ReyesNew York Supreme Court · 1986
  4. People v. RosadoNew York Supreme Court · 1990

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API