Second degree escape is a class E, nonviolent felony. (Penal Law §§ 205.10, 70.02 [1] [d].) Despite Supreme Court's clearly stated intention to sentence the defendant to the "minimum term", the court imposed the maximum of 2 to 4 years' imprisonment under the mistaken belief that the defendant had been convicted of a violent felony offense. Neither defense counsel nor the prosecutor called this mistake to the court's attention. We therefore modify the sentence to...
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