PEOPLE v. PERGOLA


73 A.D.2d 564 (1979)

The People of the State of New York, Respondent, v. Louis Pergola, Appellant

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

December 20, 1979


In affirming we have not disturbed the sentence imposed, which was the maximum authorized sentence. Defendant may, if so advised, make an appropriate application for resentence pursuant to new section 60.09 (subd b, par [ii]) of the Penal Law.

Sandler, J., dissents in part in a memorandum as follows:

The defendant, a 60-year-old man never previously convicted of a crime, was sentenced to an indeterminate term of eight and one-third years to life...

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