People v. Spears

Appellate Division of the Supreme Court of New York

People v. Spears

228 A.D.2d 193, 643 N.Y.2d 343, 643 N.Y.S.2d 343, 1996 N.Y. App. Div. LEXIS 6370

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

DecidedJune 6, 1996

StatusPublished

Cited by5 cases

This text of 228 A.D.2d 193 (People v. Spears) 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. Spears, 228 A.D.2d 193, 643 N.Y.2d 343, 643 N.Y.S.2d 343, 1996 N.Y. App. Div. LEXIS 6370 (N.Y. Ct. App. 1996).

Pincite

Opinion

As the People concede, defendant’s conviction for manslaughter was incorrectly treated as a class B armed felony, instead of a class B violent felony carrying, at the time of sentence, a maximum term of 25 years and a minimum period of one-third the maximum term, i.e., 81/a to 25 years. Defendant does not seek to withdraw his plea. Defendant may not be resentenced to a maximum term greater than the 20 years previously imposed pursuant to his plea agreement (Stewart v Scully, 925 F2d 58 [2d Cir 1991]). On the other hand, there is no reason to reduce the 10-to-20-year sentence for criminal use of a firearm in the first degree. Concur—Milonas, J. P., Rosenberger, Ross and Tom, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

As the People concede, defendant’s conviction for manslaughter was incorrectly treated as a class B armed felony, instead of a class B violent felony carrying, at the time of sentence, a maximum term of 25 years and a minimum period of one-third the maximum term, i.e., 81/a to 25 years. Defendant does not seek to withdraw his plea. Defendant may not be resentenced to a maximum term greater than the 20 years previously imposed pursuant to his plea agreement (Stewart v Scully, 925 F2d 58 [2d Cir 1991]). On the other hand, there is no reason to reduce the 10-to-20-year sentence for criminal use of a firearm in the first degree. Concur—Milonas, J. P., Rosenberger, Ross and Tom, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

228 A.D.2d 193, 643 N.Y.2d 343, 643 N.Y.S.2d 343, 1996 N.Y. App. Div. LEXIS 6370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spears-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack