People v. Gilchrist

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered January 31, 1996, resentencing defendant to a term of 5 to 15 years, upon his plea of guilty to attempted robbery in the first degree, unanimously modified, on the law, to reduce the sentence to 3 1/2 to 10 years, and otherwise affirmed.

Defendant, who was improperly sentenced as a second violent felony offender to a term of 5 to 10 years (People v Gilchrist, 223 AD2d 382), was improperly resentenced, as a first-time felony offender, to a term of 5 to 15 years. Defendant had a reasonable expectation of finality in the…