People v. Rowlett
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.), rendered May 11, 2005, convicting him of robbery in the third degree, upon his plea of guilty, and sentencing him to a determinate term of 7 years imprisonment with 5 years post-release supervision.
Ordered that the judgment is modified, on the law, by vacating the sentence of a determinate term of 7 years imprisonment with 5 years postrelease supervision and substituting therefor a sentence of an indeterminate term of 3V2 to 7 years imprisonment; as so modified, the judgment is affirmed.
As the People concede, the sentence imposed, a determinate term of 7 years imprisonment with 5 years post-release supervision, was illegal for the defendant’s conviction, as a second felony offender, of robbery in the third degree, a nonviolent class D felony (see Penal Law §§ 160.05, 70.02 [1] [c]; § 70.06
Case-law data current through December 31, 2025. Source: CourtListener bulk data.