PEOPLE v. REED


273 A.D.2d 882 (2000)

709 N.Y.S.2d 764

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES REED, Appellant.

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

Decided June 16, 2000.


Order unanimously reversed on the law, motion granted and matter remitted to Monroe County Court for resentencing in accordance with the following Memorandum: Defendant contends that County Court erred in failing to grant his motion pursuant to CPL 440.20 to set aside as illegal the sentence of imprisonment imposed in 1954 on his conviction of rape in the first degree. We agree. Defendant established that, when he was sentenced in 1954 to a term of imprisonment of one day...

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