People v. Ford
Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Niagara County Court for further proceedings, in accordance with the following memorandum: Upon his plea to attempted sexual abuse in the first degree, defendant was sentenced as a predicate felon to an indeterminate term of imprisonment of 1 Vi to 3 years to run concurrently with the undischarged term of his previously imposed indeterminate sentence. The court was required to impose a sentence to run consecutively with respect to the undischarged sentence (Penal Law § 70.25 [2-a]). Since the court’s original sentence was defective and invalid, the court had inherent power to correct its own error by resentencing the defendant to a consecutive term (see, People v
Case-law data current through December 31, 2025. Source: CourtListener bulk data.