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tion of the defendant as a useful and
responsible member of the community.

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The judgment should therefore be
modified on the law and in the exercise
of discretion to the extent of suspending
the execution of the sentence and placing
the defendant on probation for the one-year
period, and otherwise affirmed."

That the Appellate Division has jurisdiction

to reduce a sentence imposed upon a defendant and

that said grant of power shall be liberally construed,

see

People v. Potskowski 298 N.Y. 299, 83 N.E. 2d 125

People v. Rytel 284 N.Y. 242, 30 N.E. 2d 578

People v. Speiser 277 N.Y. 342, 14 N.E. 2d 380

People v. Gittelson 25 A.D. 2d 265, 268 N.Y.S. 2d 779
People v. Burchardt 17 A.D. 2d 912; 233 N.Y.S. 2d 61
People v. Spagnolia 260 A.D. 551; 23 N.Y.S. 2d 966

CONCLUSION

FOR THE ABOVE STATED REASONS, THE
JUDGMENT OF CONVICTION SHOULD BE
REVERSED AND THE CASE REMANDED TO
THE LOWER COURT FOR FURTHER

PROCEEDINGS NOT INCONSISTENT HEREWITH;
OR THE SENTENCE SHOULD BE REDUCED TO
THE TIME ALREADY SERVED BY THE

DEFENDANT-APPELLANT OR SUSPENDED IN
THE EXERCISE OF THIS COURT'S DISCRETION

Respectfully submitted,

ZENAIDA DRABKIN

Attorney for Defendant

Appellant

ADDENDUM

SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : FIRST DEPARTMENT

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1. The index number of the case in the Court

below was Indictment No. 2198-1965.

2. The full names of the original parties

are PEOPLE OF THE STATE OF NEW YORK against WILLIAM There has been no change in the parties.

SHELLNUT.

3. This action was commenced in the Supreme

Court, Bronx County.

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