¶1—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.
65 A.D.2d 960
People v. Eisworth
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1978
Appellate Division of the Supreme Court of the State of New York · decided 1978-11-10
Cited by 1 later decisions — most recently March 1982
1 federal appellate ·
Good law ✅— No negative treatment on recordhow we know
Decided 1978-11-10
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