Opinion
April 5, 1971
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 5, 1969 on resentence, upon a 1961 conviction of manslaughter in the first degree, armed, on his plea of guilty, resentencing him to 15 to 30 years nunc pro tunc as of January 20, 1961. Judgment modified, in the exercise of discretion, by reducing the sentence to an indeterminate term of 5 years to 10 years for manslaughter in the first degree and an additional indeterminate term of 5 to 6 years under section 1944 of the former Penal Law. As so modified, judgment affirmed. In our opinion the judgment was excessive to the extent indicated herein. Hopkins, Acting P.J., Munder, Martuscello, Latham and Brennan, JJ., concur.