AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN ANTHONY WILLIAMS, Appellant.

Appeal by defendant, as limited by his brief, from so much of a sentence of the Supreme Court, Suffolk County, rendered January 21, 1974, as imposed a fine upon him of $1,000, payable within one year, upon a conviction of attempted robbery in the third degree, on a guilty plea. Sentence reversed insofar as appealed from, on the law. The sentence was invalid, as a matter of law, for failure to comply with section 80.00 Penal of the Penal Law, which requires inter alia, that in order to impose a fine there must be a finding of a financial gain by the defendant from the commission of the crime (see People v. Yannicelli, 40 A.D.2d 564, affd. 33 N.Y.2d 621). No such finding was made by the sentencing court. In this determination, the District Attorney concurs. Hopkins, Acting P.J., Martuscello, Cohalan, Christ and Munder, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. WILLIAMS
(Oct 28, 1974)