PEOPLE v. FULLER


119 A.D.2d 692 (1986)

The People of the State of New York, Respondent, v. Rohan Fuller, Appellant

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

April 14, 1986


Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed and matter remitted to the Supreme Court, Kings County, for resentencing.

The defendant contends, and the People concede, that his sentence of 10 to 20 years' imprisonment was illegal and must be vacated because the crime of attempted murder in the second degree is not a class B armed felony (see, CPL 1.20 [41]; Penal Law § 110.05 [4]; § 125.25 [1];...

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