PEOPLE v. HERNANDEZ


59 A.D.2d 1052 (1977)

The People of the State of New York, Respondent, v. Enrique Hernandez, Appellant

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

November 14, 1977


Judgment insofar as it imposes sentence modified, as a matter of discretion, in the interest of justice to reduce the minimum term to four years and otherwise judgment affirmed.

Memorandum:

Defendant was sentenced to imprisonment for life with a minimum term of eight and one-third years (the maximum sentence permitted) for conviction of an A-III felony (Penal Law, § 70.00, subd 3, par [a], cl [iii]). In view of the lack of prior convictions, and the leniency...

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