Judgment unanimously modified, in the exercise of discretion, to sentence defendant to a five-year term of probation and case remitted to Herkimer County Court for imposition of conditions of probation as specified in section 65.10 of the Penal Law.
Memorandum:
Defendant has been incarcerated since July 23, 1971. In reviewing the record before us we find that the sentence was unduly harsh and severe in the circumstances (CPL 470.15, subd. 6, par. [b]). The...
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