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People v. Simo

104 A.D.2d 671 Court N.Y. App. Div. Decision date 1984-09-24 English

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p. 671
The People of the State of New York, Respondent, v Rafael Simo, Appellant.

— Appeal by defendant, as limited by his motion, from sentence of the Supreme Court, Queens County (Rubin, J.), imposed May 7,1982, the sentence being an indeterminate term of imprisonment of 3 to 9 years, upon his conviction of manslaughter in the first degree.

Sentence modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed to an indeterminate term of imprisonment of 2Vs to 7 years. As so modified, sentence affirmed.

The People consent to a reduction of defendant’s sentence as herein provided, and, in our view, the sentence was excessive to the extent indicated herein. Mollen, P. J., Lazer, Bracken and Lawrence, JJ., concur.