From Casetext: Smarter Legal Research

People v. Rives

Appellate Division of the Supreme Court of New York, Fourth Department
May 21, 1982
88 A.D.2d 787 (N.Y. App. Div. 1982)

Opinion

May 21, 1982

Appeal from the Onondaga County Court, Gale, J.

Present — Simons, J.P., Hancock, Jr., Callahan, Denman and Moule, JJ.


Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum: The People agree that at the taking of the pleas the court promised that it would sentence defendant to one and one-half to three years on his plea to criminal possession of stolen property, second degree, and that the court's subsequent sentencing on that charge of two to four years was inadvertent error. We therefore modify the sentence on that charge from two to four years to one and one-half to three years to run concurrently with the sentence of four to eight years on the conviction of attempted robbery, first degree (see People v. Selikoff, 35 N.Y.2d 227, 241, cert den 419 U.S. 1122, citing Santobello v. New York, 404 U.S. 257, 260). There is no merit to the other points raised on appeal.


Summaries of

People v. Rives

Appellate Division of the Supreme Court of New York, Fourth Department
May 21, 1982
88 A.D.2d 787 (N.Y. App. Div. 1982)
Case details for

People v. Rives

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM RIVES…

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

Date published: May 21, 1982

Citations

88 A.D.2d 787 (N.Y. App. Div. 1982)