Modifying Sentence Because Treatment In a Prison In Impossible
In People v. Notey (72 AD2d 279) the Court found "extraordinary circumstances" and modified a prison sentence that was imposed upon a 73-year-old doctor with no prior criminal record.
There the defendant's medical picture was truly unique: he suffered from a rare and serious urological condition which could be treated only in a hospital, and only by a specific physician through an operative procedure.
In Notey, medical testimony established that treatment in a prison setting would be virtually impossible, and if attempted, would prove "perilous to the life of the defendant." (Id., at 285.)