People v. Melendez

Judgment, Supreme Court, New York County (Brenda Soloff, J., at plea, first sentence and motion to set aside sentence; James Yates, J., at second felony offender adjudication, and Harold Beeler, J., at resentence), rendered November 30, 1994, convicting defendant of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Since defendant is a second felony offender, the 1-year sentence imposed in 1992 was illegal (see, People v May, 180 AD2d 974), and defendant therefore had no…