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PEOPLE v. GILLETTE

33 A.D.2d 587 (1969)

The People of the State of New York, Respondent, v. Bruce Edward Gillette, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 20, 1969

MEMORANDUM BY THE COURT.

The original sentence imposed by the court did not comply with subdivision 3 of section 70.00 of the Penal Law because the minimum term imposed was longer than one third of the maximum term imposed and the defendant was returned to the County Court for correction of the sentence. An erroneous sentence may be corrected by the sentencing court. (People ex rel. La Mere v. Jackson, 9 A.D.2d 843; cf. ...

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