People v. Belton

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J), rendered August 16, 2013, convicting him of attempted robbery in the second degree, upon his plea of guilty, and sentencing him, as a persistent violent felony offender, to an indeterminate term of imprisonment of 15 years to life.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for resentencing in accordance herewith.

The parties agree on the chronology concerning the…