People v. Sanchez

121 A.D.2d 310, 503 N.Y.S.2d 703, 1986 N.Y. App. Div. LEXIS 58275

Opinion

Judgment, Supreme Court, New York County (Harold Baer, Jr., J., at Wade and Huntley hearings, trial and sentence), rendered May 31, 1984, convicting defendant Sanchez, after a jury trial, of robbery in the first degree and robbery in the second degree, and sentencing him as a predicate felon to concurrent indeterminate terms of imprisonment of from 9 to 18 years, unanimously modified, on the law, to reduce the sentence imposed on defendant for robbery in the second degree to 7½ to 15 years, and otherwise affirmed.

Judgment, Supreme Court, New York County (Harold Baer, Jr., J., at Wade and Huntley hearings, trial and sentence), rendered July 5, 1984, convicting defendant Giles, after a jury trial, of robbery in the first degree and robbery in the second degree, and sentencing him as a predicate felon to concurrent terms of imprisonment of from 7 to 14 years, affirmed.

As the People acknowledge, the sentence imposed on Sanchez of 9 to 18 years’ imprisonment as a second felony offender under his conviction for robbery in the second degree exceeded the maximum sentence of 7 Vi to 15 years authorized for that offense, and the sentence is accordingly reduced to 7 Vi to 15 years.

We have considered the other issues presented by defendants and have concluded that the record discloses no error that would justify reversal of the judgments of conviction. Concur — Murphy, P. J., Sandler, Lynch, Kassal and Ellerin, JJ.