People v. Rhodes

Appeal from a resentence of the Allegany County Court (Thomas B Brown, J.), rendered February 10, 2012. Defendant was resentenced upon his conviction of robbery in the first degree.

It is hereby ordered that the resentence so appealed from is unanimously modified on the law by reducing the sentence of incarceration imposed for robbery in the first degree to a determinate term of incarceration of 12 years and as modified the resentence is affirmed.

Memorandum: Defendant was convicted following a plea of guilty of robbery in the first degree (Penal Law § 160.15 [4]) and was sentenced to, inter…