People v. Aparicio

OPINION OF THE COURT

Harold Fertig, J.

Defendant was charged with robbery in the second degree, grand larceny in the fourth degree, criminal possession of a weapon in the fourth degree and resisting arrest under indictment No. 3797/89. After trial, defendant was acquitted of the top three counts and convicted of the fourth count, resisting arrest, a class A misdemeanor.

On the date of sentencing, defendant argued that the court, *1060if it were so inclined, could not sentence defendant to anything beyond six months in jail, citing CPL 400.14 and Penal Law § 70.15 (1) (d). Defendant states that he was…