Opinion
September 29, 1970
Appeal from a judgment of the County Court of Rensselaer County, rendered July 29, 1969, resentencing defendant on his plea of guilty of manslaughter in the first degree to 7 1/2 to 20 years, and on his plea of guilty of assault, second degree, to 2 1/2 to 5 years, said sentences to run concurrently. Appellant's contention that said sentences were excessive is without foundation. The sentences imposed were within the permissible periods, and fully justified under all the facts and circumstances, including the promise alleged by defendant in his coram nobis application. We find no basis to interfere with the discretion of the trial court. Judgment affirmed. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.