People v. Churakos

191 A.D.2d 1042, 595 N.Y.S.2d 352, 1993 N.Y. App. Div. LEXIS 3020

Opinion

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Niagara County Court for resentencing in accordance with the following Memorandum: We reject defendant’s contention that his sentence, three consecutive terms of l1/^ to 3 years, is excessive. Nevertheless, defendant’s sentence must be vacated because it is illegal (see, People v Price, 140 AD2d 927; People v Peale, 122 AD2d 353, 354). As a second felony offender, defendant cannot receive a sentence of less than 2 to 4 years on each of the class D felonies to which he pleaded guilty (Penal Law § 70.06 [3] [d]; [4] [b]). (Appeal from Judgment of Niagara County Court, Hannigan, J. — Burglary, 3rd Degree.) Present — Denman, P. J., Pine, Lawton, Doerr and Davis, JJ.