Judgment modified, on the law, by reducing the minimum terms of imprisonment imposed on the burglary, rape and sodomy counts from 12½ years to 8 1/3 years. As so modified, judgment affirmed.
The sentencing court improperly imposed a minimum term of 12½ years' imprisonment on the rape, sodomy and burglary counts. Because rape in the first degree (Penal Law § 130.35) and sodomy in the first degree (Penal Law § 130.50) are not armed violent felony...
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.
