Defendant had been sentenced to five years probation in 1997 upon his plea of guilty of attempted robbery in the second degree. Upon his violation of probation, he was resentenced on January 10, 2002 to a term of 2 to 6 years. It is undisputed that this sentence was illegal because a minimum term of one half the maximum was required. Accordingly, on March 28, 2002, the court lawfully resentenced defendant to a term of 3 to 6 years (see People v DeValle,
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PEOPLE v. MOMPLAISIR
2 A.D.3d 320 (2003)
768 N.Y.S.2d 605
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDY MOMPLAISIR, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 23, 2003.
December 23, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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