People v. Virgilio

Appellate Division of the Supreme Court of New York

People v. Virgilio

106 A.D.2d 516, 484 N.Y.S.2d 496, 1984 N.Y. App. Div. LEXIS 21556

Appellate Division of the Supreme Court of the State of New York·Decided December 17, 1984·Published

Opinion

—Appeal by defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Rohl, J.), imposed June 11,1984, upon his conviction of two counts of criminal sale of a controlled substance in the third degree, after a jury trial, the sentence being two concurrent indeterminate terms of imprisonment of 2 to 6 years.

Sentence modified, as a matter of discretion in the interest of justice, by reducing the terms of imprisonment to two concurrent indeterminate terms of imprisonment of 1 to 3 years. As so modified, sentence affirmed.

The sentence is excessive to the extent indicated herein. Mollen, P. J., Titone, Weinstein and Brown, JJ., concur.

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—Appeal by defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Rohl, J.), imposed June 11,1984, upon his conviction of two counts of criminal sale of a controlled substance in the third degree, after a jury trial, the sentence being two concurrent indeterminate terms of imprisonment of 2 to 6 years.

Sentence modified, as a matter of discretion in the interest of justice, by reducing the terms of imprisonment to two concurrent indeterminate terms of imprisonment of 1 to 3 years. As so modified, sentence affirmed.

The sentence is excessive to the extent indicated herein. Mollen, P. J., Titone, Weinstein and Brown, JJ., concur.

People v. Virgilio, 106 A.D.2d 516, 484 N.Y.S.2d 496, 1984 N.Y. App. Div. LEXIS 21556 (N.Y. Ct. App. 1984).

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