PEOPLE v. BORZELLERI


112 A.D.2d 730 (1985)

The People of the State of New York, Respondent, v. Danny Borzelleri, Appellant

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

July 12, 1985


Judgment unanimously modified, on the law and as a matter of discretion in the interest of justice, and, as modified, affirmed, in accordance with the following memorandum:

In the exercise of discretion we modify the sentence appealed from to provide that it be concurrent with the consecutive sentences defendant is now serving (CPL 470.15 [3] [c]).

The sentence appealed from (an indeterminate term of 2¼ — 7 years) was illegal because Penal Law...

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