PEOPLE v. RUGGIERO


56 A.D.2d 569 (1977)

The People of the State of New York, Respondent, v. Carmelo Ruggiero, Appellant

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

February 28, 1977


The case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (subd [5]). Defendant was guilty of extortion. On his record and on the facts of this case, we would not disturb an indeterminate sentence with a three-year maximum, but for the extraordinary circumstances of the sentencing. As the sentencing, the Judge said, "The Court feels constrained to say that in the exercise of its discretion it would not impose a sentence in...

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