People v. Akili

Appellate Division of the Supreme Court of New York

People v. Akili

29 A.D.3d 383, 813 N.Y.S.2d 903

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 16, 2006

StatusPublished

This text of 29 A.D.3d 383 (People v. Akili) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Akili, 29 A.D.3d 383, 813 N.Y.S.2d 903 (N.Y. Ct. App. 2006).

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Opinion

Order, Supreme Court, New York County (Edwin Torres, J.), entered on or about March 3, 2005, which denied defendant’s CPL 440.20 motion to set aside a sentence imposed pursuant to a judgment of the same court (Nicholas Figueroa, J.), rendered July 25, 1996, convicting defendant, after a jury trial, of two counts of robbery in the first [384]*384degree and two counts of robbery in the second degree, and sentencing him, as a second felony offender, to two terms of 8V2 to 17 years and two terms of 7 to 14 years, to be served concurrently, unanimously reversed, on the law, the motion granted and the sentences for each of the first-degree robbery convictions reduced to 7V2 to 15 years.

As the People concede, defendant should be resentenced as indicated because the sentencing court relied on a misinterpretation of Penal Law § 70.30 (3). Concur—Tom, J.P., Andrias, Friedman, Williams and Sweeny, JJ.

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Order, Supreme Court, New York County (Edwin Torres, J.), entered on or about March 3, 2005, which denied defendant’s CPL 440.20 motion to set aside a sentence imposed pursuant to a judgment of the same court (Nicholas Figueroa, J.), rendered July 25, 1996, convicting defendant, after a jury trial, of two counts of robbery in the first [384]*384degree and two counts of robbery in the second degree, and sentencing him, as a second felony offender, to two terms of 8V2 to 17 years and two terms of 7 to 14 years, to be served concurrently, unanimously reversed, on the law, the motion granted and the sentences for each of the first-degree robbery convictions reduced to 7V2 to 15 years.

As the People concede, defendant should be resentenced as indicated because the sentencing court relied on a misinterpretation of Penal Law § 70.30 (3). Concur—Tom, J.P., Andrias, Friedman, Williams and Sweeny, JJ.

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Bluebook (online)

29 A.D.3d 383, 813 N.Y.S.2d 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-akili-nyappdiv-2006.

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