Opinion
February 26, 1962
Appeal by defendant from a judgment of the County Court, Kings County, rendered October 20, 1961, convicting him, on his plea of guilty, of assault in the third degree, and sentencing him to serve a term of one year in the New York City Penitentiary. Defendant contends only that his sentence was excessive. Judgment modified on the facts by reducing defendant's sentence to six months in the New York Penitentiary. As so modified, judgment affirmed. In our opinion, under all the circumstances the sentence of one year was excessive. Beldock, P.J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.