Defendant pleaded guilty to two counts of sodomy in the first degree and one count of assault in the second degree, the plea entered in satisfaction of two indictments. Defendant contends that his sentence pursuant to subdivision 4 of section 70.02 of the Penal Law as an armed violent felony offender was illegal. In sentencing defendant to an indeterminate term of 4½ to 9 years, the trial court mistakenly assumed that sodomy in the first degree was an armed felony offense...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
