Opinion
September 18, 1990
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
By indictment number 10032/88, filed November 3, 1988, defendant was charged with various counts of criminal sale and possession of a controlled substance, with criminal possession of a weapon in the third degree, and with criminally using drug paraphernalia in the second degree. On April 24, 1989, he entered a plea of guilty, in full satisfaction of the indictment, to the crimes for which he stands convicted, and was sentenced, on August 16, 1989, to concurrent terms of imprisonment of from five years to life and from 1 to 3 years.
On appeal, defendant urges that his negotiated sentence of five years to life is excessive in light of his age, poor health and other circumstances, and warrants this court's reduction in the interest of justice. Upon examination of this record in its entirety, the court is persuaded that such a reduction is in order.
While recognizing and acknowledging the seriousness of defendant's criminal activity, the defendant's age of 70 years and the fact that he suffers from a variety of physical ailments, as well as from depression, is highly significant in this court's determination. Indeed, we note that the Department of Correction has placed him on a "permanent invalid status".
We have also considered defendant's work and family history, his law-abiding existence prior to the death of his wife after a lengthy and financially draining illness, and the age — 68 years — at which he resorted to criminal conduct.
Concur — Ross, J.P., Kassal, Ellerin and Wallach, JJ.