People v. Behrman

Judgment, Supreme Court, New York County (William Davis, J.), rendered September 28, 1987, convicting defendant, upon a plea of guilty, of tampering with physical evidence (Penal Law § 215.40 [2]) and falsifying business records in the first degree (Penal Law § 175.10), and sentencing him, as a second felony offender, to an indeterminate prison term of from IVi years to 3 years, unanimously modified, on the law and facts, to reverse and vacate the sentence and remand the matter for resentencing, and otherwise affirmed.

Defendant was sentenced as a second felony offender on the basis of a June…