People v. Felix

Defendant was indicted for, inter alia, robbery in the second degree as an armed and violent class C felony (CPL 1.20, subd 41; Penal Law, § 70.02, subd 1; § 160.10). The court accepted defendant’s plea to the instant class D violent felony offense on the understanding that a term of one *530to three years would be imposed, the shortest indeterminate term of imprisonment permissible under section 70.02 (subd 5, par [a]) of the Penal Law and further that an application for a lesser sentence on the basis of mitigating circumstances pursuant to section 70.02 (subd 5, par [b]) of the Penal Law would…