People v. Rivera

— Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered September 30, 1988, convicting defendant-appellant, after a jury trial, of escape in the second degree, unanimously modified, on the law and the facts, to reduce the sentence imposed to a term of IVz to 3 years’ imprisonment, and otherwise affirmed.

Second degree escape is a class E, nonviolent felony. (Penal Law §§ 205.10, 70.02 [1] [d].) Despite Supreme Court’s clearly stated intention to sentence the defendant to the "minimum term”, the court imposed the maximum of 2 to 4 years’ imprisonment under the mistaken…