PEOPLE v. MARTINEZ


101 A.D.2d 748 (1984)

The People of the State of New York, Respondent, v. Adam Martinez, Appellant

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

May 8, 1984


¶ As the District Attorney concedes, the minimum period of imprisonment under robbery in the second degree, a class C felony, cannot exceed one third of the maximum. We are modifying it accordingly. ¶ As it is clear that the agreement, and the Judge's intention, was to impose a sentence of 5 to 10 years, and the modification has no practical significance in the light of the concurrent sentence for robbery in the first degree, there is no point to remanding the case...

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