SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 10, 1968
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JOHN JOSEPH KAMPF, APPELLANT
Judgment of the Supreme Court, Queens County, rendered January 3, 1968, modified, on the law and the facts, so as to amend the sentence from imprisonment in the Penitentiary of the City of New York to imprisonment for a definite term of one year.
Christ, Acting P. J., Brennan, Rabin, Munder and Martuscello, JJ., concur.
In our opinion, the court below erred in imposing an indefinite term of imprisonment under article 7-A of the Correction Law, which, at the date of sentence, had been repealed. (See People v. Monteleone, 30 A.D.2d 158.)
As so modified, judgment affirmed.
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