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People v. McGonagle

101 A.D.2d 870 Court N.Y. App. Div. Decision date 1984-05-21 English

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p. 870
The People of the State of New York, Respondent, v Richard McGonagle, Appellant.

Appeal by defendant, as limited by his motion, from a resentence of the Supreme Court, Queens County (Sharpe, J.), imposed October 18,1983.1 Resentence modified, as a matter of discretion in the interest of justice, by reducing the indeterminate term of imprisonment imposed upon defendant’s conviction of manslaughter in the first degree to 5 to 15 years to run concurrently with the term imposed on defendant’s conviction of criminal possession of a weapon in the second degree. As so modified, resentence affirmed, f The resentence was excessive to the extent indicated. Mollen, P. J., Thompson, Rubin and Lawrence, JJ., concur.