Appellate Division of the Supreme Court of New York, 1989

People v. Fearom

People v. Fearom
Appellate Division of the Supreme Court of New York · Decided March 20, 1989
148 A.D.2d 628; 540 N.Y.S.2d 195; 1989 N.Y. App. Div. LEXIS 3866
People v. Fearom

Opinion of the Court

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Slavin, J.), imposed November 28, 1988, upon his conviction of criminal sale of a controlled substance in the fourth degree, the sentence being an indeterminate term of IV2 to AV2 years’ imprisonment.

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing it to a determinate term of one year’s imprisonment; as so modified the sentence is affirmed.

Under the unusual circumstances of this case, the sentence was excessive to the extent indicated. Mollen, P. J., Brown, Kunzeman and Balletta, JJ., concur.

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