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People v. Pettigrew

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 7, 2000
274 A.D.2d 976 (N.Y. App. Div. 2000)

Opinion

July 7, 2000.

Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Criminal Contempt, 1st Degree.

PRESENT: GREEN, J.P., HAYES, HURLBUTT AND KEHOE, JJ.


Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for resentencing in accordance with the following Memorandum:

Defendant appeals from a judgment convicting him upon a guilty plea of criminal contempt in the first degree (Penal Law § 215.51 [c]), a class E felony. He was sentenced to an indeterminate term of incarceration of 1 1/2 to 3 years. That sentence is illegal. Because defendant was not sentenced as a second felony offender, the minimum term of imprisonment cannot exceed one third of the maximum term ( see, Penal Law § 70.00 [b]). Thus, we modify the judgment by vacating the sentence and we remit the matter to Supreme Court for resentencing.


Summaries of

People v. Pettigrew

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 7, 2000
274 A.D.2d 976 (N.Y. App. Div. 2000)
Case details for

People v. Pettigrew

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. MARVIN…

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

Date published: Jul 7, 2000

Citations

274 A.D.2d 976 (N.Y. App. Div. 2000)
711 N.Y.S.2d 821

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