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People v. Pagan
1993 N.Y. App. Div. LEXIS 5009
N.Y. App. Div.
1993
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Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered October 24, 1991, convicting defendant, upon his guilty plea, of manslaughter in the first degree, criminal possession of a weapon in the second degree and criminal use of a firearm in the first degree, and sentencing him to concurrent prison terms of 3 to 9 years for the manslaughter, 7 to 14 years for the weapon possession and 10 to 20 years for the use of a firearm, unanimously modified, on the law, with respect to the weapon possession only, to reduce the sentence thereon to 4% to 14 years, and as so modified, affirmed.

Criminal possession of a weapon in the second degree (Penal Law § 265.03), an armed felony by definition (CPL 1.20 [41]; People v Fox, 123 AD2d 642, lv denied 68 NY2d 1000), is categorized as a class C violent felony offense (Penal Law § 70.02 [1] [b]). As such, the maximum term of an indeterminate sentence may be up to 15 years (§ 70.02 [3]), and the minimum period of imprisonment must be fixed at one-third the maximum term imposed (§ 70.02 [4]; People v Esteves, 163 AD2d 413, 415, lv denied 80 NY2d 830; People v Fox, supra). Accordingly, the concurrent sentence on this charge must be reduced, as a matter of law, to 4% to 14 years, and the People so concede.

We have examined defendant’s other challenges to the sentences imposed and find them without merit. Concur— Carro, J. P., Wallach, Asch and Rubin, JJ.

Case Details

Case Name: People v. Pagan
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 18, 1993
Citation: 1993 N.Y. App. Div. LEXIS 5009
Court Abbreviation: N.Y. App. Div.
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