Appellate Division of the Supreme Court of the State of New York December 19, 1978 (People v. Askew)

lead-opinion

Order, Supreme Court, Bronx County, entered May 11, 1978, denying a motion by the People made pursuant to CPL 440.40, affirmed. Prior to the sentencing of this defendant, counsel requested that the sentence mandated by statute not be applied. The issue was fully briefed to the court by both defense counsel and the District Attorney. The court ruled in favor of the defendant.