People v. Fearom

Appellate Division of the Supreme Court of New York

People v. Fearom

148 A.D.2d 628, 540 N.Y.S.2d 195, 1989 N.Y. App. Div. LEXIS 3866

Appellate Division of the Supreme Court of the State of New York·Decided March 20, 1989·Published

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Slavin, J.), imposed November 28, 1988, upon his conviction of criminal sale of a controlled substance in the fourth degree, the sentence being an indeterminate term of IV2 to AV2 years’ imprisonment.

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing it to a determinate term of one year’s imprisonment; as so modified the sentence is affirmed.

Under the unusual circumstances of this case, the sentence was excessive to the extent indicated. Mollen, P. J., Brown, Kunzeman and Balletta, JJ., concur.

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Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Slavin, J.), imposed November 28, 1988, upon his conviction of criminal sale of a controlled substance in the fourth degree, the sentence being an indeterminate term of IV2 to AV2 years’ imprisonment.

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing it to a determinate term of one year’s imprisonment; as so modified the sentence is affirmed.

Under the unusual circumstances of this case, the sentence was excessive to the extent indicated. Mollen, P. J., Brown, Kunzeman and Balletta, JJ., concur.

People v. Fearom, 148 A.D.2d 628, 540 N.Y.S.2d 195, 1989 N.Y. App. Div. LEXIS 3866 (N.Y. Ct. App. 1989).

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148 A.D.2d 628 (People v. Fearom) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.