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

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

DecidedOctober 31, 1985

StatusPublished

Cited by1 cases

This text of 114 A.D.2d 339 (People v. Lanier) 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. 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

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]*340The 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]*340The 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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Bluebook (online)

114 A.D.2d 339, 494 N.Y.S.2d 991, 1985 N.Y. App. Div. LEXIS 53029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lanier-nyappdiv-1985.

Opinion

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