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People v. Singh

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1991
175 A.D.2d 888 (N.Y. App. Div. 1991)

Opinion

August 19, 1991

Appeal from the County Court, Westchester County (Colabella, J.).


Ordered that the sentence is modified, on the law, by reducing the minimum term of imprisonment for robbery in the first degree from 12 1/2 years to 8 1/3 years; as so modified, the sentence is affirmed.

As the People concede, the crime of robbery in the first degree (see, Penal Law § 160.15) is not an armed violent felony offense (see, CPL 1.20; Penal Law § 70.02; People v Frawley, 117 A.D.2d 613). The sentence of an indeterminate term of 12 1/2 to 25 years imprisonment imposed by the County Court was, therefore, illegal, and must be modified. Since the intent of the court was to impose the maximum sentence available under the law, we may substitute the maximum legal sentence for this crime and need not direct a resentencing (see, People v Persaud, 166 A.D.2d 466). Mangano, P.J., Bracken, Kooper, Balletta and Ritter, JJ., concur.


Summaries of

People v. Singh

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1991
175 A.D.2d 888 (N.Y. App. Div. 1991)
Case details for

People v. Singh

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICKY SINGH, Appellant

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

Date published: Aug 19, 1991

Citations

175 A.D.2d 888 (N.Y. App. Div. 1991)
573 N.Y.S.2d 623

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