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. ROHAN FULLER, Appellant.

Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed and matter remitted to the Supreme Court, Kings County, for resentencing.

The defendant contends, and the People concede, that his sentence of 10 to 20 years' imprisonment was illegal and must be vacated because the crime of attempted murder in the second degree is not a class B armed felony (see, CPL 1.20; Penal Law § 110.05; § 125.25 [1]; People v. Lawrence, 97 A.D.2d 718, affd 64 N.Y.2d 200; People v. Phillips, 118 A.D.2d 600; People v Colon, 111 A.D.2d 9; see also, People v. Hooper, 112 A.D.2d 317; People v. Gonzalez, 99 A.D.2d 1001). The matter must therefore be remitted for resentencing.

We have considered the defendant's claim that the jury's verdict was against the weight of the credible evidence and we find it to be without merit. Weinstein, J.P., Rubin, Eiber and Spatt, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. FULLER
(Apr 14, 1986)