PEOPLE v. ROWLETT


29 A.D.3d 922 (2006)

815 N.Y.S.2d 707

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD ROWLETT, Appellant.

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

May 23, 2006.


Ordered that the judgment is modified, on the law, by vacating the sentence of a determinate term of 7 years imprisonment with 5 years postrelease supervision and substituting therefor a sentence of an indeterminate term of 3½ to 7 years imprisonment; as so modified, the judgment is affirmed.

As the People concede, the sentence imposed, a determinate term of 7 years imprisonment with 5 years post-release supervision, was illegal for the defendant's conviction...

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