AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUILLERMO GAMMON, Appellant.

Ordered that the judgment is modified, on the law, by reducing the sentence imposed on the defendant's conviction of kidnapping in the second degree from 25 years to life imprisonment to 8 1/3 to 25 years imprisonment; as so modified, the judgment is affirmed.

As the People correctly concede, the sentence imposed upon the defendant for kidnapping in the second degree was illegal (see, Penal Law § 70.00, [2] [b]; § 135.20). However, it is clear that the Supreme Court intended to impose upon the defendant the maximum sentence, and we find that it would be appropriate to do so. Consequently, the judgment is modified to reflect the intention of the Supreme Court (see, People v. Dorch, 117 A.D.2d 677).

The defendant's remaining contentions are without merit.

O'Brien, J. P., Sullivan, Pizzuto and Joy, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. GAMMON
(Jun 15, 1998)