People v. Sweeney

Appeal from a judgment of the County Court, Westchester County, convicting defendant of the crime of assault in the second degree and sentencing him to a term of imprisonment of not less than seventeen and one-half years and not more than thirty-five years. In our opinion the evidence amply supports the conviction. An indeterminate sentence was legal, but the extent thereof inaccurate. Pursuant to section 543 of the Code of Criminal Procedure, the judgment of conviction is modified by providing that defendant is sentenced to an indeterminate term of not less than ten years and not more than…