PEOPLE v. BIXBY


100 A.D.2d 736 (1984)

The People of the State of New York, Respondent, v. Randy Michael Bixby, Appellant

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

March 6, 1984


Judgment, insofar as it imposes sentence, unanimously modified, as a matter of discretion in the interest of justice, in accordance with memorandum and, as modified, affirmed.

Memorandum:

Defendant's prior criminal history is inconsequential and consists of two misdemeanors described by his probation officer as "a matter of poor judgment rather than flagrant violations of the law." His instant conviction which led to a sentence of probation was for a nonviolent...

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