PEOPLE v. McCANTS


15 A.D.3d 892 (2005)

788 N.Y.S.2d 892

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE McCANTS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 4, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law, the motion is granted, the sentence is set aside, and the matter is remitted to Monroe County Court for resentencing.

Memorandum:

As the People correctly concede, defendant was illegally sentenced to a term of imprisonment of 2 1/2 to 5 years, to be served under parole supervision at the Willard Drug Treatment Campus, inasmuch as at the time of sentencing...

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