People v. Biagini

Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Moskowitz, J.), imposed April 23, 1981, *635upon his conviction of criminal sale of a controlled substance in the second degree, upon his plea of guilty, the sentence being a period of imprisonment of five years to life. Sentence reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance with People v Farrar (52 NY2d 302). Insofar as it appears on the present record, Criminal Term refrained from exercising its discretion to impose a lesser…