PEOPLE v. WINGATE


225 A.D.2d 1085 (1996)

639 N.Y.S.2d 754

The People of the State of New York, Respondent, v. Daniel Wingate, Appellant

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

March 8, 1996


Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant pleaded guilty to two counts of sexual abuse in the first degree and was sentenced to consecutive indeterminate terms of imprisonment of 2½ to 7½ years on each count. The People concede that the sentence imposed by Supreme Court for the class D violent felony convictions (Penal Law § 70.02 [1] [c]; § 130.65 [3]), exceeds the maximum...

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