PEOPLE v. HERNANDEZ


86 A.D.2d 618 (1982)

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

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

January 18, 1982


Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence to an indeterminate term of imprisonment of one and one-half to four and one-half years. As so modified, judgment affirmed.

It is clear from the record that the trial court did not originally intend to impose a custodial sentence upon the defendant. Upon learning that imprisonment was mandatory, however, the court decided to impose the least onerous sentence, an indeterminate...

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