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People v. Flores

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1995
222 A.D.2d 450 (N.Y. App. Div. 1995)

Opinion

December 4, 1995

Appeal from the Supreme Court, Queens County (Hanophy, J.).


Ordered that the sentence is modified, on the law, by reducing the minimum term of imprisonment to 8 1/2 years; as so modified, the sentence is affirmed.

The defendant contends, and the People concede, that the court erroneously imposed a sentence of 12 1/2 to 25 years imprisonment rather than a sentence of 8 1/2 to 25 years imprisonment. The defendant pleaded guilty to robbery in the first degree pursuant to subdivision (1) of Penal Law § 160.15 under count three of the indictment, a crime which is not an "armed felony" since neither the possession nor the display of a gun is a statutory element thereof (CPL 1.20; People v Seifert, 173 A.D.2d 655; People v Ulses, 132 A.D.2d 584). Accordingly, the minimum term of imprisonment should have been one-third, rather than one-half, of the maximum (see, Penal Law § 70.00; § 70.02 [4]; § 70.04 [4]; People v Pena, 192 A.D.2d 728). Mangano, P.J., Sullivan, Balletta, Santucci and Krausman, JJ.


Summaries of

People v. Flores

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1995
222 A.D.2d 450 (N.Y. App. Div. 1995)
Case details for

People v. Flores

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW FLORES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 4, 1995

Citations

222 A.D.2d 450 (N.Y. App. Div. 1995)
635 N.Y.S.2d 37

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