Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. James Hill, Appellant
264 A.D.2d 646696 N.Y.S.2d 402·New York Supreme Court, Appellate Division·1999·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
The People of the State of New York, Respondent, v James Hill, Appellant.
[696 NYS2d 402]
[MAJORITY]
Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered August 28, 1997, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him, as a second felony offender, to a term of 25 years to life, unanimously modified, on the law, to the extent of vacating the second felony offender adjudication, and otherwise affirmed.
As the People correctly concede, defendant was improperly sentenced as a second felony offender because his conviction is for an A-I felony (see, Penal Law § 70.06 [1] [a]), and because the 1996 predicate conviction occurred after defendant committed the instant felony (see, Penal Law § 70.06 [1] [b] [ii]). We modify the judgment accordingly. Concur — Rubin, J. P., An-drias, Saxe, Buckley and Friedman, JJ.