PEOPLE v. RODRIGUEZ


94 A.D.2d 686 (1983)

The People of the State of New York, Respondent, v. Victor Rodriguez, Appellant

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

May 24, 1983


Defendant received indeterminate sentences of 6 years to 12 years for attempted robbery in the second degree and 5 years to 10 years for criminal possession of a weapon in the third degree. Both of these convictions involve D felonies. The maximum permissible sentence for a D felony for a predicate violent felon is an indeterminate term of 3½ years to 7 years' imprisonment, a fact which the People concede. Consequently, the trial court imposed sentences on counts 6 and...

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