Appellate Division of the Supreme Court of New York, 2006

People v. Akili

People v. Akili
Appellate Division of the Supreme Court of New York · Decided May 16, 2006
29 A.D.3d 383; 813 N.Y.S.2d 903
People v. Akili

Opinion of the Court

Order, Supreme Court, New York County (Edwin Torres, J.), entered on or about March 3, 2005, which denied defendant’s CPL 440.20 motion to set aside a sentence imposed pursuant to a judgment of the same court (Nicholas Figueroa, J.), rendered July 25, 1996, convicting defendant, after a jury trial, of two counts of robbery in the first *384degree and two counts of robbery in the second degree, and sentencing him, as a second felony offender, to two terms of 8V2 to 17 years and two terms of 7 to 14 years, to be served concurrently, unanimously reversed, on the law, the motion granted and the sentences for each of the first-degree robbery convictions reduced to 7V2 to 15 years.

As the People concede, defendant should be resentenced as indicated because the sentencing court relied on a misinterpretation of Penal Law § 70.30 (3). Concur—Tom, J.P., Andrias, Friedman, Williams and Sweeny, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.