PEOPLE v. GONZALEZ


99 A.D.2d 1001 (1984)

The People of the State of New York, Respondent, v. William Gonzalez, Appellant

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

March 20, 1984


¶ With commendable candor the District Attorney concedes that defendant's sentence of 12½ to 25 years on his conviction of manslaughter in the first degree, a class B violent felony offense, was illegal. Absent a finding that defendant was a predicate felon, not the case here, the minimum period of imprisonment that may be imposed for a violent felony offense cannot exceed one third of the maximum, unless the sentence is for a conviction of a class B armed felony...

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