People v. McAllister

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: Defendant pleaded guilty to criminal possession of a weapon in the third degree in return for a term of incarceration of no more than one year. Four days later, while released pending sentencing, defendant was arrested for criminal possession of a weapon. He appeared for sentencing two months after his plea, but County Court adjourned sentencing for 30 days. At that time, the court continued defendant’s release on…