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People v. Powell

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1989
151 A.D.2d 317 (N.Y. App. Div. 1989)

Opinion

June 15, 1989

Appeal from the Supreme Court, Bronx County (Alexander Chananau, J.).


The People concede that the sentence must be modified with respect to both the conviction for rape in the first degree and criminal use of a firearm in the first degree. In that regard, the People correctly assert that since the rape conviction was not for an armed violent felony offense, 12 1/2 to 25 years was not an authorized sentence. Accordingly, the appropriate sentence should be 8 1/3 to 25 years, which is the maximum minimum for a class B violent felony offense. Moreover, the People also properly note that the sentence for criminal use of a firearm must be vacated in that it is a noninclusory concurrent count of the convictions for first degree robbery (People v. Brown, 67 N.Y.2d 555, 560). We have considered defendant's other contentions and find them to be without merit.

Concur — Kupferman, J.P., Sullivan, Carro, Milonas and Smith, JJ.


Summaries of

People v. Powell

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1989
151 A.D.2d 317 (N.Y. App. Div. 1989)
Case details for

People v. Powell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY POWELL…

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

Date published: Jun 15, 1989

Citations

151 A.D.2d 317 (N.Y. App. Div. 1989)