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People v. Napolitano

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1988
138 A.D.2d 414 (N.Y. App. Div. 1988)

Opinion

March 7, 1988

Appeal from the Supreme Court, Queens County (Naro, J.).


Ordered that the sentence is affirmed.

The mere fact that defendant suffers from acquired immune deficiency syndrome is not, in and of itself, a ground for reducing the otherwise appropriate and bargained-for sentence which was imposed (see, People v. Parker, 132 A.D.2d 629, lv granted 70 N.Y.2d 715; People v. Suitte, 90 A.D.2d 80; People v Kazepis, 101 A.D.2d 816). Any application by the defendant to ameliorate the conditions under which he is incarcerated should be made to the New York State Department of Correctional Services. Mollen, P.J., Mangano, Thompson and Bracken, JJ., concur.


Summaries of

People v. Napolitano

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1988
138 A.D.2d 414 (N.Y. App. Div. 1988)
Case details for

People v. Napolitano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN NAPOLITANO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 7, 1988

Citations

138 A.D.2d 414 (N.Y. App. Div. 1988)

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