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PEOPLE v. GARDINER

189 A.D.2d 1035 (1993)

The People of the State of New York, Respondent, v. James Gardiner, Appellant

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

January 28, 1993

Defendant's only contention on this appeal is that the sentence of 10 to 20 years' imprisonment was harsh and excessive. Defendant was an inmate at the time of the crime. While defendant was initially assaulted by the victim, who was also an inmate, defendant attacked the victim with a pair of scissors and then pursued the fleeing victim, ultimately stabbing him 18 times. Defendant then repeatedly kicked the victim as he lay on...

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