Appellate Division of the Supreme Court of New York, 1980

People v. Mattessich

People v. Mattessich
Appellate Division of the Supreme Court of New York · Decided December 23, 1980
79 A.D.2d 876; 436 N.Y.S.2d 1018; 1980 N.Y. App. Div. LEXIS 14292
People v. Mattessich

Opinion of the Court

Adjudication insofar as it imposes sentence modified as a matter of discretion in the interest of justice (CPL 470.15, subd 2, par [c]; subd 3, par [c]), by reducing the sentence of an indederminate term of imprisonment having a maximum of four years, to a definite term of one year, with appropriate credit for time served, and otherwise adjudication affirmed. All concur, except Simons, J. P., and Moule, J., who dissent and vote to affirm, in the following memorandum: We find no abuse of discretion. (Appeal from adjudication of Monroe Supreme Court—youthful offender.) Present—Simons, J. P., Hancock, Jr., Schnepp, Callahan and Moule, JJ.

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