PEOPLE v. RANDOLPHE


114 A.D.2d 426 (1985)

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

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

October 15, 1985


Sentence reversed, as a matter of discretion in the interest of justice, and matter remitted to the County Court, Westchester County, for resentencing in accordance herewith, and further proceedings pursuant to CPL 460.50 (5).

Initially, we note that the sentence imposed upon the defendant was neither excessive nor unduly harsh.

However, the physical condition of the defendant, then suffering from emphysema, was...

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