PEOPLE v. ALLEN


5 A.D.2d 696 (1957)

The People of the State of New York, Respondent, v. John Allen, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 23, 1957


Judgment modified on the facts by striking therefrom the provision imposing the additional term for being armed. As so modified, judgment affirmed.

Appellant had never been previously convicted of a crime and was under 21 years of age when the crime was committed. In view of these facts and the other relevant facts and circumstances, it is our opinion that the sentence was excessive. It cannot be held that the court abused its discretion by not fixing a reformatory...

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