People v. McCants

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Monroe County Court (Patricia D. Marks, J.), entered March 16, 2001. The order denied the motion of defendant pursuant to CPL 440.20 to set aside his sentence.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law, the motion is granted, the sentence is set aside, and the matter is remitted to Monroe County Court for resentencing.

Memorandum: As the People correctly concede, defendant was illegally…