People v. Mcfarland

Appellate Division of the Supreme Court of New York

People v. Mcfarland

306 A.D.2d 931, 762 N.Y.S.2d 324, 2003 N.Y. App. Div. LEXIS 6771

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

DecidedJune 13, 2003

StatusPublished

This text of 306 A.D.2d 931 (People v. Mcfarland) 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. Mcfarland, 306 A.D.2d 931, 762 N.Y.S.2d 324, 2003 N.Y. App. Div. LEXIS 6771 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a judgment of Supreme Court, Erie County (Burns, J.), entered December 23, 1997, convicting defendant upon his plea of guilty of sexual abuse in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reducing the minimum period of imprisonment to 2x/3 years and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of sexual abuse in the first degree, a class D violent felony, and sentencing him to an indeterminate term of imprisonment of 3V2 to 7 years. As the People correctly concede, the sentence is illegal, and the minimum period of imprisonment should be reduced to 2x/3 years. At the time the offense was committed in 1993, Penal Law § 70.02 (former [4]) required that the minimum period of imprisonment be fixed at one third of the maximum term imposed (see People v Trimm, 252 AD2d 673, 675 [1998], lv denied 92 NY2d 931 [1998]). We therefore modify the judgment by reducing the minimum period of imprisonment to 2x/s years. Present — Pigott, Jr., P.J., Green, Pine, Wisner and Lawton, JJ.

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—Appeal from a judgment of Supreme Court, Erie County (Burns, J.), entered December 23, 1997, convicting defendant upon his plea of guilty of sexual abuse in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reducing the minimum period of imprisonment to 2x/3 years and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of sexual abuse in the first degree, a class D violent felony, and sentencing him to an indeterminate term of imprisonment of 3V2 to 7 years. As the People correctly concede, the sentence is illegal, and the minimum period of imprisonment should be reduced to 2x/3 years. At the time the offense was committed in 1993, Penal Law § 70.02 (former [4]) required that the minimum period of imprisonment be fixed at one third of the maximum term imposed (see People v Trimm, 252 AD2d 673, 675 [1998], lv denied 92 NY2d 931 [1998]). We therefore modify the judgment by reducing the minimum period of imprisonment to 2x/s years. Present — Pigott, Jr., P.J., Green, Pine, Wisner and Lawton, JJ.

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Bluebook (online)

306 A.D.2d 931, 762 N.Y.S.2d 324, 2003 N.Y. App. Div. LEXIS 6771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcfarland-nyappdiv-2003.

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