People v. Paxhia

As the People concede, however, the sentences of 6 to 25 years on the manslaughter and first degree robbery convictions and the sentence of 4 Vi to 15 years on the second degree robbery conviction were incorrect because the court was required to set the minimum at one third the maximum imposed (Penal Law § 70.00 [2] [b], [c]; [3] [b]; § 70.02 [1] [a], [b]; [2] [a]; [3], [4]). Since the court’s intention to impose the maximum sentences is clear from the record and a modification would have no practical effect in view of the concurrent sentences imposed for the murder convictions, we need not…