People v. Gillette

Memorandum by the Court.

Appeal by the defendant from a judgment of conviction of the County Court of Essex County, rendered January 8, 1969, upon the resentencing of defendant. The original sentence imposed by the court did not comply with subdivision 3 of section 70.00 of the Penal Law because the minimum term imposed was longer than one third of the maximum term imposed and the defendant was returned to the County Court for correction of the sentence. An erroneous sentence may be corrected by the sentencing court. (People ex rel. La Mere v. Jackson, 9 A D 2d 843; cf. People ex rel. Anderson…