People v. Becker

OPINION OF THE COURT

Bernard Dubin, J.

The defendant moves to vacate his sentence and be resentenced to time served.

Defendant herein pleaded guilty on February 24, 1978 to robbery in the third degree. On March 30, he was sentenced to a one-year intermittent term to be served on weekends from 8:00 a.m. Saturday to 8:00 p.m. Sunday under the direction of the New York City Department of Correction.

Thereafter defendant failed to report to the Department of Correction on November 11 and 12, 1978. Two days later he was incarcerated based on his failure to appear on these weekends. On December 14,…