PEOPLE v. FINNERTY


78 A.D.2d 554 (1980)

The People of the State of New York, Appellant, v. Barry Finnerty, Respondent

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

September 29, 1980


Sentences vacated, on the law, and matter remitted to the County Court, Westchester County, for resentencing in accordance with section 70.06 of the Penal Law. The trial court imposed sentence under the erroneous impression that a sentence of one and one-half to three years' imprisonment was the legal minimum for a second felony offender convicted of a class D felony (see Penal Law, § 70.06, subd 3, par [d]; subd 4, par [b]). We do not agree with defendant's contention...

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