Legal Opinion
People v. Garcia
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 1999PublishedCited by 9 opinions
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered April 21, 1997, convicting him of burglary in the second degree, upon a jury verdict, and sentencing him, as a persistent felony offender, to an indeterminate term of 15 years to life imprisonment.
Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing in compliance with Penal Law § 70.10 (2).
The Supreme Court erred in sentencing the defendant as…
2Cases cited5 opinions
- People v. OliverNew York Court of Appeals · 1984
- People v. OliverAppellate Division of the Supreme Court of the State of New York · 1983
- People v. GainesAppellate Division of the Supreme Court of the State of New York · 1988
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MontesAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by9 opinions
- People v. MurdaughAppellate Division of the Supreme Court of the State of New York · 2007
- Brown v. GreinerDistrict Court, E.D. New York · 2003
- People v. RosarioAppellate Division of the Supreme Court of the State of New York · 2002
- Portalatin v. GrahamDistrict Court, E.D. New York · 2007
- People v. SaracinaAppellate Division of the Supreme Court of the State of New York · 2002
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