People v. Pettigrew

274 A.D.2d 976, 711 N.Y.S.2d 821, 2000 N.Y. App. Div. LEXIS 7672

Opinion

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for resentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him upon a guilty plea of criminal contempt in the first degree (Penal Law § 215.51 [c]), a class E felony. He was sentenced to an indeterminate term of incarceration of IV2 to 3 years. That sentence is illegal. Because defendant was not sentenced as a second felony offender, the minimum term of imprisonment cannot exceed one third of the maximum term (see, Penal Law § 70.00 [3] [b]). Thus, we modify the judgment by vacating the sentence and we remit the matter to Supreme Court for resentencing. (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Criminal Contempt, 1st Degree.) Present — Green, J. P., Hayes, Hurlbutt and Kehoe, JJ.