People v. Webb

Appeal by the defendant from a sentence of the Supreme Court, Kings County (Egitto, J.), imposed October 9, 1985, upon his conviction of manslaughter in the first degree, after a plea of guilty, the sentence being an indeterminate term of 12 to 24 years’ imprisonment as a second violent felony offender.

Ordered that the sentence is reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Kings County, for resentencing of the defendant as a second felony offender.

The sentencing court erred in adjudicating and sentencing the defendant as a…