People v. Ward

—Judgment unani*887mously modified on the law and as modified affirmed and matter remitted to Cayuga County Court for resentencing in accordance with the following Memorandum: Defendant was convicted of sexual abuse in the first degree, a class D violent felony. At the time defendant committed that offense, Penal Law § 70.02 (4) required that the minimum term of an indeterminate sentence "must be fixed by the court at one-third of the maximum term imposed”. County Court imposed an indeterminate term of incarceration of 2 to 7 years. Because the minimum term is less than one third of the maximum,…