PEOPLE v. BENN


37 A.D.2d 980 (1971)

The People of the State of New York, Respondent, v. James L. Benn, Appellant

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

November 22, 1971


Judgment modified, in the interests of justice, by changing the sentence to a period of probation of five years (Penal Law, § 65.00, subd. 3, par. [a]), under the conditions set forth in the following provisions of section 65.10 (subd. 2, pars. [a], [b], [c], [e]; subd. 3) of the Penal Law. The Probation Department in Nassau County is directed to effectuate the probation hereby ordered. As so modified, judgment affirmed.

In our opinion the sentence is excessive...

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