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

Appellate Division of the Supreme Court of the State of New York·Decided June 6, 1996·Published·Cited by 5 cases

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.

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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.

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

228 A.D.2d 193 (People v. Spears) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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