People v. Cecil

• Citation: 243 N.Y.S.2d 577,19 A.D.2d 829
• Parties: The PEOPLE of the State of New York, Respondent, v. George CECIL, Appellant.
• Decision Date: 07 October 1963
• Court: New York Supreme Court Appellate Division

Page 577

243 N.Y.S.2d 577

19 A.D.2d 829

The PEOPLE of the State of New York, Respondent, v. George CECIL, Appellant.

Supreme Court, Appellate Division, Second Department.

Oct. 7, 1963.

Joseph A. Solovei, Brooklyn, for appellant.

Edward S. Silver, Dist. Atty., Brooklyn (Wm. I. Siegel, Brooklyn, of counsel), for respondent.

Before BELDOCK, P. J., and KLEINFELD, CHRIST, BRENNAN and RABIN, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Kings County, redered February 27, 1963 on his plea of guilty, convicting him of selling lottery tickets (Penal Law, § 1373) and sentencing him to serve six months in the New York City Penitentiary. Defendant contends that his sentence was excessive; he raises no other question.

Judgment modified on the facts by reducing defendant's sentence to the time already served. As so modified, the judgment affirmed, defendant discharged, and bail exonerated.

In our opinion, the sentence originally imposed constituted a proper exercise of discretion. Nowever, in view of the defendant's severe physical illness, it is in the interests of substantial justice that the sentence be reduced to the time already served.