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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS HOLLEY, Also Known as JAMES JOHNSON, Appellant.

Ordered that the sentences are affirmed.

The mere fact that defendant suffers from acquired immune deficiency syndrome and certain other medical conditions, is not, in and of itself, a ground for reducing the otherwise appropriate and bargained-for sentence which was imposed (see, People v. Napolitano, 138 A.D.2d 414; People v. Parker, 132 A.D.2d 629; People v. Suitte, 90 A.D.2d 80; People v. Kazepis, 101 A.D.2d 816). Any application by the defendant to ameliorate the conditions under which he is incarcerated should be made to the New York State Department of Correctional Services. Mangano, P.J., Kunzeman, Eiber and Balletta, JJ., concur.

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PEOPLE v. HOLLEY
(Jun 4, 1990)