Opinion
October 26, 1972
Appeal from the Oswego County Court.
Present — Marsh, J.P., Witmer, Moule, Cardamone and Henry, JJ.
Judgment unanimously modified, on the law and facts, and in the interest of justice, by reducing the sentence to probation for a period of five years, and, as so modified, affirmed. Memorandum: Taking into consideration all the surrounding facts and circumstances, we feel that the sentence imposed by the trial court was excessive and constituted an improvident exercise of discretion. We, therefore, reduce the sentence pursuant to the provisions of CPL 470.15 (subd. 2, par. [c]).