People v. Tucker

Appellate Division of the Supreme Court of New York

People v. Tucker

111 A.D.2d 669, 490 N.Y.S.2d 227, 1985 N.Y. App. Div. LEXIS 49936

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

DecidedJune 18, 1985

StatusPublished

This text of 111 A.D.2d 669 (People v. Tucker) 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. Tucker, 111 A.D.2d 669, 490 N.Y.S.2d 227, 1985 N.Y. App. Div. LEXIS 49936 (N.Y. Ct. App. 1985).

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Opinion

Judgment, Supreme Court, Bronx County (Howard Goldfluss, J.), entered December 14, 1982, which convicted defendant, upon his plea of guilty, to the crime of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10) and sentenced him, as a persistent violent felony offender, to an indeterminate term of imprisonment of from six years to life, is unanimously modified, on the law, to the extent of reversing said sentence, vacating the finding that defendant is a persistent violent felony offender, and remanding the matter for resentencing and, except as thus modified, affirmed.

Since, as the People forthrightly concede, defendant committed the second of his violent felony offenses prior to the April 1, 1976 sentence imposed on his first violent felony offense conviction, he could not, under the holding of People v Morse (62 NY2d 205), be adjudicated a persistent violent felony offender, at least on' the basis of those two convictions. Accordingly, we vacate said finding and the sentence based thereon and remand for resentence. Concur — Kupferman, J. P., Ross, Asch, Bloom and Rosenberger, JJ.

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Judgment, Supreme Court, Bronx County (Howard Goldfluss, J.), entered December 14, 1982, which convicted defendant, upon his plea of guilty, to the crime of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10) and sentenced him, as a persistent violent felony offender, to an indeterminate term of imprisonment of from six years to life, is unanimously modified, on the law, to the extent of reversing said sentence, vacating the finding that defendant is a persistent violent felony offender, and remanding the matter for resentencing and, except as thus modified, affirmed.

Since, as the People forthrightly concede, defendant committed the second of his violent felony offenses prior to the April 1, 1976 sentence imposed on his first violent felony offense conviction, he could not, under the holding of People v Morse (62 NY2d 205), be adjudicated a persistent violent felony offender, at least on' the basis of those two convictions. Accordingly, we vacate said finding and the sentence based thereon and remand for resentence. Concur — Kupferman, J. P., Ross, Asch, Bloom and Rosenberger, JJ.

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Bluebook (online)

111 A.D.2d 669, 490 N.Y.S.2d 227, 1985 N.Y. App. Div. LEXIS 49936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tucker-nyappdiv-1985.

Opinion

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