PEOPLE v. GABAI


149 A.D.2d 431 (1989)

The People of the State of New York, Respondent, v. David Gabai, Appellant

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

April 3, 1989


Ordered the sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Suffolk County, for resentencing.

At sentencing, the defense counsel asked the court to consider the imposition of a more lenient sentence than the one agreed to as part of the plea bargain due, inter alia, to the defendant's severe heart problems, the absence of a prior criminal record and the fact that the defendant's...

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