PEOPLE v. JOHNSON


140 A.D.2d 257 (1988)

The People of the State of New York, Respondent, v. Lamond Johnson, Appellant

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

May 24, 1988


Grand larceny in the third degree at the time of defendant's conviction and sentencing was a class E, nonviolent felony punishable by a term not to exceed 1 1/3 to 4 years nor to be less than 1 to 3 years. The sentence imposed by the court of 2 to 6 years was therefore illegal. (See, Penal Law § 70.00 [2], [3].) Since the sentence imposed by the court for the grand larceny in the third degree count is concurrent with the sentence of 2 to 6 years imposed for the...

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