People v. Winfield
Cases that cite this one
3 later published cases cite this decision.
- MCCOY, RONALD, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. McCoy (Appellate Division of the Supreme Court of New York 2012)
- People v. McCoy (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.), rendered November 10, 2009, convicting him of criminal possession of a weapon in the second degree (two counts), criminal possession of a weapon in the third degree, assault in the second degree, and resisting arrest, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is modified, on the law, by vacating the sentence imposed on the conviction of criminal possession of a weapon in the third degree; as so modified, the judg
As the People correctly concede, the determinate sentence of seven years of imprisonment with five years of postrelease supervision, imposed on the defendant as a second felony offender upon his conviction of criminal possession of a weapon in the third degree under Penal Law § 265.02 (1), a nonviolent class D felony, was illegal (see Penal Law § 70.06 [3] [d]; [4] [b]). Thus, we vacate the sentence imposed on that conviction, and remit the matter to the County Court, Suffolk County, for resentencing thereon (see People v Jackson, 65 AD3d 1164, 1165 [2009]; People v Switzer, 55 AD3d 1394, 1395 [2008]; People v Penna, 47 AD3d 844, 845 [2008]). Mastro, J.P., Angiolillo, Balkin, Lott and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.