PEOPLE v. BALFE


79 A.D.2d 1005 (1981)

The People of the State of New York, Respondent, v. Thomas Balfe, Appellant

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

January 19, 1981


Judgment modified, as a matter of discretion in the interest of justice, by vacating the persistent felony offender adjudication, adjudicating defendant a second felony offender and sentencing defendant as such to an indeterminate prison term of from 3½ to 7 years, to run consecutively to the sentence he was serving at the time he committed the crime of escape in the first degree. As so modified, judgment affirmed.

It was an improvident exercise of discretion...

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