People v. Burghardt

Judgment of conviction unanimously modified on the law and facts and in the exercise of discretion by reducing the sentence to an indeterminate term of from 5 to 10 years and as modified, affirmed. Memorandum: On this appeal from a judgment of conviction of manslaughter in the first degree, appellant seeks a reduction of the sentence imposed upon Him of imprisonment for an indeterminate term of not less than 10 nor more than 20 years. Manslaughter in the first degree is punishable by imprisonment for a term not exceeding 20 years. (Penal Law, § 1051.) In determining the severity of the…