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People v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 603 (N.Y. App. Div. 1997)

Opinion

June 16, 1997

Appeal from the County Court, Suffolk County (Jones, J.).


Ordered that the sentence is modified, on the law, by reducing the term of imprisonment from an indeterminate term of 10 to 20 years imprisonment to an indeterminate term of 6 2/3 to 20 years imprisonment; as so modified, the sentence is affirmed.

The defendant was sentenced as part of a plea agreement to an indeterminate term of 10 to 20 years imprisonment for manslaughter in the first degree based on the mistaken belief of the court and the parties that the crime was an armed felony offense. Since manslaughter in the first degree is not an armed felony offense, the minimum term of imprisonment should have been one-third, rather than one-half, of the maximum term ( see, CPL 1.20; Penal Law § 125.20, 70.02 Penal [3],[4]). The defendant does not seek to withdraw his plea. Accordingly, we have reduced the sentence to an indeterminate term of 6 2/3 to 20 years imprisonment ( see, People v. Spears, 228 A.D.2d 193; People v. Ayala, 194 A.D.2d 617).

Mangano, P.J., Bracken, O'Brien, Pizzuto and Florio, JJ., concur.


Summaries of

People v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 603 (N.Y. App. Div. 1997)
Case details for

People v. Wilson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS WILSON…

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

Date published: Jun 16, 1997

Citations

240 A.D.2d 603 (N.Y. App. Div. 1997)
658 N.Y.S.2d 659

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