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Defendant Convicted of Sex Abuse in the First Degree

A New York Criminal Lawyer said that the defendant is appealing a sentence made in the Supreme Court in Kings County. The sentence convicted the defendant of sexual abuse in the first degree, upon his plea of guilty and the sentence is an indeterminate term of one and one half to three years imprisonment as a second felony offender.

Court Discussion

A Nassau County Criminal Lawyer said the defendant was improperly adjudicated a second felony offender because the elements of the offense that served as the predicate for this adjudication did not constitute a felony in New York. The prior conviction was for unlawful possession of a weapon in the third degree which violates the New Jersey code of criminal justice. The defendant was incarcerated for four years for that conviction.

Court Decision

A New York Criminal Lawyer said it is determined that the defendant was incorrectly sentenced as a second felony offender. For this reason, the sentence is modified on the law by vacating the defendant’s adjudication as second felony offender and reducing his sentence to an indeterminate term of one to three years imprisonment. The rest of the sentence is affirmed.

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