People v. Willis

Appellate Division of the Supreme Court of New York

People v. Willis

185 A.D.2d 709, 587 N.Y.S.2d 867, 1992 N.Y. App. Div. LEXIS 9295

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

DecidedJuly 14, 1992

StatusPublished

This text of 185 A.D.2d 709 (People v. Willis) 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. Willis, 185 A.D.2d 709, 587 N.Y.S.2d 867, 1992 N.Y. App. Div. LEXIS 9295 (N.Y. Ct. App. 1992).

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Opinion

— Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: The People concede that the minimum term of imprisonment imposed by the sentencing court following defendant’s plea of guilty to a violation of probation was illegal because it exceeded one-third of the maximum term imposed (see, Penal Law § 60.02 [2]; § 70.00 [2] [e]; [3] [b]). Therefore, the minimum term must be modified to l-Vs years. Supreme Court did not abuse its discretion by imposing the maximum sentence under these circumstances. (Appeal from Judgment of Supreme Court, Erie County, Easier, J. — Violation of Probation.) Present — Callahan, J. P., Green, Balio, Fallon and Doerr, JJ.

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— Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: The People concede that the minimum term of imprisonment imposed by the sentencing court following defendant’s plea of guilty to a violation of probation was illegal because it exceeded one-third of the maximum term imposed (see, Penal Law § 60.02 [2]; § 70.00 [2] [e]; [3] [b]). Therefore, the minimum term must be modified to l-Vs years. Supreme Court did not abuse its discretion by imposing the maximum sentence under these circumstances. (Appeal from Judgment of Supreme Court, Erie County, Easier, J. — Violation of Probation.) Present — Callahan, J. P., Green, Balio, Fallon and Doerr, JJ.

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Bluebook (online)

185 A.D.2d 709, 587 N.Y.S.2d 867, 1992 N.Y. App. Div. LEXIS 9295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-willis-nyappdiv-1992.

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