People v. Martinez

—Judgment, Supreme Court, New York County (Bernard Jackson, J.), rendered June 7, 1990, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing her as a predicate felony offender, to a term of AV2 to 9 years, unanimously modified, on the law, the facts and as a matter of discretion in the interest of justice, to the extent of reducing the sentence to 2 to 4 years, and otherwise affirmed.

The defendant was sentenced to the statutory minimum by the sentencing court. While a sentence within statutory limits is ordinarily not a cruel…