People v. Binyard

Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Brennan, J.), imposed January 14, 1980, upon his conviction of assault in the second degree, after his plea of guilty, the sentence being an indeterminate prison term of from 3 to 6 years, as a second *834felony offender. Sentence reversed, as a matter of discretion in the interest of justice, and matter remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith. Defendant assaulted one Jeffrey Wilkins on a street corner in Queens. The assault came about because of…