¶1Judgment, Supreme Court, New York County, rendered on September 24, 1971, unanimously modified, on the law and in the exercise of discretion, to reduce appellant’s sentence from an indeterminate term of imprisonment not to exceed five years to one not to exceed four years. Commendably, the District Attorney agrees that this inadvertent error, so revealed by the sentencing court’s own notes, is to be corrected. (See Santobello v. New York, 404 U. S. 257, on remand sub. nom. People v. Santobello, 39 A D 2d 654.) Concur — Stevens, P. J., Markewich, Murphy, Steuer and Capozzoli, JJ.
42 A.D.2d 513
People v. Clements
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1973
Appellate Division of the Supreme Court of the State of New York · decided 1973-06-05
Relies on Santobello v. New York
Decided 1973-06-05