PEOPLE v. MALONE


102 A.D.2d 737 (1984)

The People of the State of New York, Respondent, v. Joseph Malone, Appellant

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

June 19, 1984


¶ As the People concede, defendant could not legally be sentenced as a violent felony offender on his conviction of burglary in the third degree since it is not classified as a violent felony offense. (Penal Law, § 70.02, subd 1, par [c].) Accordingly, in accordance with defendant's request and the People's consent, we reduce the sentence on that conviction to an indeterminate term of from 3½ to 7 years, the maximum allowable sentence on a class D felony conviction...

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