People v. Browarnik

Judgment, Supreme Court, New York County, rendered September 16, 1970, after a jury trial, unanimously affirmed, and the order of said court entered on May 8, 1973, denying defendant’s motion for resentence, reversed, as a matter of discretion, and application remanded to ¡Supreme Court. Defendant was convicted of conspiracy in the second degree and attempted grand larceny in the first degree after a jury trial. No error in the trial is complained of and the evidence supported the conviction. At sentence proof was submitted that defendant was suffering from a heart condition and that…