PEOPLE v. SCARPETTA


114 A.D.2d 766 (1985)

The People of the State of New York, Respondent, v. Robert Scarpetta, Appellant

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

November 12, 1985


Defendant's sentences were predicated upon defendant's presumed status as an armed felony offender. Robbery in the first degree is considered a violent felony offense (Penal Law § 70.02 [1] [a]) and a defendant convicted of that crime must be sentenced to an indeterminate prison term, the minimum of which must be one third the maximum (Penal Law § 70.02, [4]). A minimum term of imprisonment equal to one half the maximum...

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