People v. Lanier

Appellate Division of the Supreme Court of New York

People v. Lanier

114 A.D.2d 339, 494 N.Y.S.2d 991, 1985 N.Y. App. Div. LEXIS 53029

Appellate Division of the Supreme Court of the State of New York·Decided October 31, 1985·Published·Cited by 1 cases

Opinion

Judgment, Supreme Court, Bronx County (Elbert C. Hinkson, J.), rendered April 3, 1984, convicting defendant of attempted robbery in the first and second degrees and assault in the first degree and sentencing him to three concurrent terms of 4 to 12 years’ imprisonment, unanimously modified, on the law, to reverse the sentence on the conviction of attempted robbery in the second degree and to impose instead a sentence of 2 Vs to 7 years thereon and, except as thus modified, affirmed.

The 4- to 12-year sentence imposed on defendant’s at-. tempted robbery in the second degree conviction is beyond the scope of punishment provided by law and, as such, is illegal. [340] The maximum term for that offense, a class D violent felony, is 2Vs to 7 years. (See, Penal Law § 70.02 [1] [c], [2] [b]; § 70.00 [2] [d]; [3] [b].) We modify accordingly.

We have examined defendant’s other points and find that they are without merit. Concur—Kupferman, J. P., Sullivan, Fein, Kassal and Rosenberger, JJ.

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Judgment, Supreme Court, Bronx County (Elbert C. Hinkson, J.), rendered April 3, 1984, convicting defendant of attempted robbery in the first and second degrees and assault in the first degree and sentencing him to three concurrent terms of 4 to 12 years’ imprisonment, unanimously modified, on the law, to reverse the sentence on the conviction of attempted robbery in the second degree and to impose instead a sentence of 2 Vs to 7 years thereon and, except as thus modified, affirmed.

The 4- to 12-year sentence imposed on defendant’s at-. tempted robbery in the second degree conviction is beyond the scope of punishment provided by law and, as such, is illegal. [340] The maximum term for that offense, a class D violent felony, is 2Vs to 7 years. (See, Penal Law § 70.02 [1] [c], [2] [b]; § 70.00 [2] [d]; [3] [b].) We modify accordingly.

We have examined defendant’s other points and find that they are without merit. Concur—Kupferman, J. P., Sullivan, Fein, Kassal and Rosenberger, JJ.

People v. Lanier, 114 A.D.2d 339, 494 N.Y.S.2d 991, 1985 N.Y. App. Div. LEXIS 53029 (N.Y. Ct. App. 1985).

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Opinion

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