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. DANIEL WINGATE, Appellant.

Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant pleaded guilty to two counts of sexual abuse in the first degree and was sentenced to consecutive indeterminate terms of imprisonment of 2 1/2 to 7 1/2 years on each count. The People concede that the sentence imposed by Supreme Court for the class D violent felony convictions (Penal Law § 70.02 [c]; § 130.65 [3]), exceeds the maximum permissible sentence of imprisonment of 2 1/3 to 7 years (Penal Law § 70.02 [b]; § 70.00 [2] [d]; [3] [b]). Because that sentence is illegal, it must be reduced to consecutive indeterminate terms of imprisonment of 2 1/3 to 7 years ( see, e.g., People v Lozado, 180 A.D.2d 410, 411).

Use AI to get other relevant cases.

Comments

PEOPLE v. WINGATE
(Mar 8, 1996)