People v. Eisworth

65 A.D.2d 960, 411 N.Y.S.2d 550, 1978 N.Y. App. Div. LEXIS 13896

Opinion

—Judgment unanimously modified, on the law and facts and in the interest of justice, by reducing the sentence to a one-year definite sentence in the Orleans County Jail and, as so modified, affirmed. Memorandum: Giving consideration to all the surrounding facts and circumstances, we feel that the sentence imposed by the trial court (an indeterminate sentence with a maximum of seven years) was excessive and constituted an improvident exercise of discretion. We, therefore, reduce the sentence pursuant to the provisions of CPL 470.15 (subd 2, par [c]). (See People v Snyder, 40 AD2d 754.) (Appeal from judgment of Orleans County Court — criminal possession of controlled substance, sixth degree.) Present— Marsh, P. J., Cardamone, Simons, Hancock, Jr., and Schnepp, JJ.