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People v. Willis

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1992
185 A.D.2d 709 (N.Y. App. Div. 1992)

Opinion

July 14, 1992

Appeal from the Supreme Court, Erie County, Kasler, J.

Present — Callahan, J.P., Green, Balio, Fallon and Doerr, JJ.


Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: The People concede that the minimum term of imprisonment imposed by the sentencing court following defendant's plea of guilty to a violation of probation was illegal because it exceeded one-third of the maximum term imposed (see, Penal Law § 60.02; § 70.00 [2] [e]; [3] [b]). Therefore, the minimum term must be modified to 1-1/3 years. Supreme Court did not abuse its discretion by imposing the maximum sentence under these circumstances.


Summaries of

People v. Willis

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1992
185 A.D.2d 709 (N.Y. App. Div. 1992)
Case details for

People v. Willis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGELA WILLIS…

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

Date published: Jul 14, 1992

Citations

185 A.D.2d 709 (N.Y. App. Div. 1992)