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PEOPLE v. NAPOLITANO

Appellate Division of the Supreme Court of New York, Second Department.
Mar 7, 1988

Ordered that the sentence is affirmed.

The mere fact that defendant suffers from acquired immune deficiency syndrome is not, in and of itself, a ground for reducing the otherwise appropriate and bargained-for sentence which was imposed (see, People v. Parker, 132 A.D.2d 629, lv granted 70 N.Y.2d 715; 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. Mollen, P.J., Mangano, Thompson and Bracken, JJ., concur.