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People v. Gomez

57 A.D.2d 904 Court N.Y. App. Div. Decision date 1977-05-16 English

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p. 904
The People of the State of New York, Respondent, v Jose R. Gomez, Appellant.

Appeal by defendant from a sentence of the County Court, Nassau County, imposed February 17, 1976, upon his conviction of robbery in the first degree, on a plea of guilty, the sentence being an indeterminate period of imprisonment, with a maximum of eight years. Sentence modified, as a matter of discretion in the interest of justice, by reducing it to an indeterminate period of imprisonment with a maximum of five years. As so modified, sentence affirmed. In our view a sentence reduction is warranted by reason of (1) defendant’s intercession with his codefendants to prevent a .crime of bodily harm upon the complainant and

p. 905
(2) his unblemished record prior to this conviction. Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.