PEOPLE v. STEWART


254 A.D.2d 439 (1998)

678 N.Y.S.2d 751

The People of the State of New York, Respondent, v. Mark Stewart, Appellant

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

October 19, 1998


Ordered that the judgment is modified, on the law, by reducing the sentence imposed upon the conviction of attempted murder in the second degree from an indeterminate term of 12½ to 25 years imprisonment to an indeterminate term of 8 1/3 to 25 years imprisonment; as so modified, the judgment is affirmed.

As correctly conceded by the People, the trial court erred in imposing a minimum term that was one-half the maximum upon the defendant's conviction of attempted...

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