Appellate Division of the Supreme Court of New York, 1984

People v. Virgilio

People v. Virgilio
Appellate Division of the Supreme Court of New York · Decided December 17, 1984
106 A.D.2d 516; 484 N.Y.S.2d 496; 1984 N.Y. App. Div. LEXIS 21556
People v. Virgilio

Opinion of the Court

—Appeal by defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Rohl, J.), imposed June 11,1984, upon his conviction of two counts of criminal sale of a controlled substance in the third degree, after a jury trial, the sentence being two concurrent indeterminate terms of imprisonment of 2 to 6 years.

Sentence modified, as a matter of discretion in the interest of justice, by reducing the terms of imprisonment to two concurrent indeterminate terms of imprisonment of 1 to 3 years. As so modified, sentence affirmed.

The sentence is excessive to the extent indicated herein. Mollen, P. J., Titone, Weinstein and Brown, JJ., concur.

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