PEOPLE v. McGONAGLE


96 A.D.2d 1104 (1983)

The People of the State of New York, Respondent, v. Richard McGonagle, Appellant

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

September 26, 1983


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

The sentencing minutes indicate that the sentencing court misread section 70.02 of the Penal Law and erroneously concluded that the minimum indeterminate sentence it could impose on defendant's conviction of manslaughter in the first degree was 8 1/3 to 25 years. This was indeed the sentence the...

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