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People v. O'Brien

90 A.D.2d 558 Court N.Y. App. Div. Decision date 1982-10-25 English

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p. 558
The People of the State of New York, Respondent, v Martin E. O’Brien, Appellant.

Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Rubin, J.), imposed April 26, 1982, upon his conviction of, inter alia, leaving the scene of an accident without reporting, upon a nonjury verdict, the sentence being, inter alia, an indeterminate term of imprisonment with a maximum of three years. Sentence modified, as a matter of discretion in the interest of justice, by reducing the period' of imprisonment for the crime of leaving the scene of an accident without reporting to a definite term of one year. As so modified, sentence affirmed. The sentence was excessive to the extent indicated. Mangano, J. P., Thompson, Brown and Boyers, JJ., concur.