PEOPLE v. ROBBINS (2024)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Lamont ROBBINS, Defendant–Appellant.

782 Decided: January 04, 2024

Oing, J.P., Moulton, Kapnick, Higgitt, JJ.

Mark W. Zeno, Center for Appellate, Litigation, New York (Benjamin Wiener of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Charles F. Hickerson, IV of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Ethan Greenberg, J. at plea; Albert Lorenzo, J. at sentencing), rendered July 01, 2021, convicting defendant, upon his plea of guilty, of three counts of criminal contempt in the first degree, and sentencing him, as a second felony offender, to an aggregate term of 6 to 12 years, unanimously modified, on the law, to the extent of amending the sentence and commitment sheet to reflect that defendant was sentenced as a second felony offender rather than a second violent felony offender and to reflect that defendant pleaded guilty to counts 5, 11 and 17 of the indictment rather that counts 5, 6 and 11, and otherwise affirmed.

We perceive no basis for reducing the sentence.

The People concede that the sentence and commitment sheet should be amended as indicated.

The Decision and Order of this Court entered herein on October 12, 2023 is hereby recalled and Vacated (see M–4693 decided simultaneously herewith).

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