People v. Frazier

This is an application for resentence.

The defendant was indicted on a five-count indictment charging burglary in the second degree, possession of weapons, two separate and distinct counts of menacing, and criminal possession of a dangerous drug in the sixth degree.

After trial, before a jury, he was convicted of two counts of menacing (Class B misdemeanors) and one count of criminal possession of a dangerous drug in the sixth degree (a Class A misdemeanor). He was acquitted of the two other counts.

On April 30, 1971 this court imposed a three-month definite sentence on each of the two menacing…