Opinion
May 21, 1976
Appeal from the Supreme Court, Erie County.
Present — Marsh, P.J., Cardamone, Dillon, Goldman and Witmer, JJ.
Judgment insofar as it imposes sentence unanimously modified, as a matter of discretion in the interest of justice, in accordance with memorandum and as modified affirmed. Memorandum: Defendant was properly convicted of aiding in a robbery, by luring the victim and removing his pocketbook. Although the victim was not injured, defendant's confederate threatened him with a knife. Not only was defendant's offense serious, but she has a record of several arrests and one conviction of a class B misdemeanor, prostitution. Nevertheless, the indeterminate sentence of a maximum of 25 years' imprisonment was excessive. Being mindful that the Erie County District Attorney has credited defendant with recent co-operation with his office, in the face of threats to herself and daughter, by aiding his investigation of the activities of a narcotics dealer and giving testimony which was instrumental in obtaining the conviction of him as an A-1 felon, we modify the sentence by reducing the maximum term of imprisonment to a period of five years, and as so modified the judgment is affirmed.