People v. Mortimore

— Appeal by defendant, as limited by his motion, from a sentence of the County Court, Orange County (Miller, J.), imposed November 26,1982, upon his conviction of criminal sale of marihuana in the third degree, on his plea of guilty, the sentence being a definite term of 30 days in the county jail and five years’ probation. Sentence reversed, as a matter of discretion in the interest of justice, and matter remitted to the County Court, Orange County, for resentencing in accordance with the following memorandum. The record indicates that defendant is suffering from several serious physical…