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PEOPLE v. POLLACK

70 A.D.2d 868 (1979)

The People of the State of New York, Respondent, v. Leo Pollack, Appellant

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

June 28, 1979

Modified, as a matter of discretion in the interest of justice, to eliminate the 60-day period of incarceration and to make the period of probation five years, and otherwise affirmed.

The defendant is an elderly, ailing person whose sentence was a part of the plea bargain and was justified. However, in the almost one year since that sentence, he has deteriorated physically. Nevertheless, he has continued to make the restitution...

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