People v. Patterson

152 A.D.2d 938, 544 N.Y.S.2d 740, 1989 N.Y. App. Div. LEXIS 9804

Opinion

Judgment unanimously modified on the law by vacating the sentence imposed and sentencing defendant to a concurrent indeterminate term of 2V2 to 5 years and as modified affirmed, in accordance with the following memorandum: Defendant was sentenced as a second violent felony offender to an indeterminate term of 6 to 12 years upon his conviction of attempted burglary in the second degree, a class D felony, for which the maximum legal sentence is 5 to 7 years and the minimum legal sentence is 2Vz to 3Vz years (Penal Law § 70.04 [3] [c]; [4]). This sentence was the result of an apparent inadvertence since the trial court made a sentencing commitment to impose the minimum legal sentence at the time defendant entered his guilty plea. Accordingly, we modify to correct the mistake (see, CPL 470.15 [2] [c]; People v Fernandez, 99 AD2d 983). (Appeal from judgment of Supreme Court, Erie County, Rossetti, J. — attempted burglary, second degree.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.