PEOPLE v. AGUILAR


135 A.D.2d 480 (1987)

The People of the State of New York, Respondent, v. Teodoro Aguilar, Appellant

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

December 29, 1987


As the People concede, the sentence of 3 to 6 years imposed on defendant on his conviction for robbery in the second degree was invalid. The defendant was not a predicate felon, and his conviction under Penal Law § 160.10 (1) may not be considered an armed felony since use, possession, or display of a weapon is not an element of that crime. Accordingly, the concurrent sentence imposed on defendant on that charge must be reduced to...

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