People v. Marshall

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Walsh, J.), imposed March 26, 2007, upon his conviction of attempted murder in the second degree, upon a jury verdict.

Ordered that the resentence is reversed, on the law and as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

Penal Law § 70.25 (4) provides, in relevant part, that “[w]hen a person, who is subject to any undischarged term of imprisonment imposed at a previous time by a court of another…