People v. McGuffiePeople v. McGuffie
Aрpeal from a judgment of the County Court of Clinton County (McGill, J.), rendеred March 7, 2000, which revoked defendant’s probation and imposed a sentence of imprisonment.
In 1997, defendant was sеntenced to six months’ incarceration and five years’ probation as the result of his conviction of the crimes of attempted assault in the second degree and attеmpted robbery in the second degree. While still serving his sentence of probation, defendant was arrested and charged with criminal possession of a narcotic drug with the intent to sell and criminal possession of a controlled substance in the fifth degree. County Court found defendant guilty of violating the tеrms of his probation based upon his commission of these оther crimes, revoked his probation and sentenced him tо concurrent prison terms of 2 to 4 years on his conviction of attempted robbery in the second degree, a class D violent felony offense, and IV2 to 3 years on his conviction of attempted assault in the second degree, a class E nonviolent felony offense.
Defendant apрeals, contending that the sentences imposed by County Court were illegal because the minimum sentences were оne half of the maximum sentences when the minimum sentences should have been one third of the maximum sentences. In August 1997, when defеndant’s crimes were committed, the provisions of
County Court did, however, err by imposing a sentence of IV2 to 3 years upon defendant’s сonviction of attempted assault in the second degrеe. The sentencing guidelines applicable to this class E nonviolent felony, also committed in August 1997, provide for a minimum tеrm of incarceration of not “less than one year nor more than one-third of the maximum term imposed” (
Cardona, P.J., Mugglin, Rosе and Kane, JJ., concur. Ordered that the judgment is modified, on the law, by reversing so much thereof as imposed a sentence of imprisonment of IV2 to 3 years upon defendant’s conviсtion of the crime of attempted assault in the second degree; said sentence.vacated and matter remitted to the County Court of Clinton County for resentencing; and, as so modified, affirmed.
Notes
It is worth noting that because the sentences imposed upon defendant are concurrent, this error has no impact upon the minimum sentence that defendant is required to serve.