# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · November 16, 1990 · 167 A.D.2d 833

URL: https://www.frixlaw.com/law-library/cases/5931034

## Case

- **Full name:** The People of the State of New York v. Kevin Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 16, 1990
- **Citations:** 167 A.D.2d 833; 561 N.Y.S.2d 939; 1990 N.Y. App. Div. LEXIS 14368
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5931034

## Opinion text

Judgment unanimously modified *834 on the law and as modified affirmed, and matter remitted to Oneida County Court for resentencing, in accordance with the following memorandum: Defendant was convicted of eight counts of assault in the second degree and one count of attempted assault in the second degree, and was sentenced as a persistent violent felony offender to concurrent indeterminate terms of 10 years to life on each count. We disagree with his contention on appeal that his sentence was harsh and excessive; however, because attempted assault in the second degree is not a violent felony offense (see, Penal Law § 70.02 [1] [a]-[d]), we find sua sponte that defendant’s sentence on that count is illegal (see, Penal Law § 70.08). Thus, resentencing on that count is required.
We have examined defendant’s remaining issues on appeal, including his pro se issues, and find them to be lacking in merit. (Appeal from judgment of Oneida County Court, Buckley, J.— assault, second degree.) Present—Denman, J. P., Boomer, Pine, Balio and Lawton, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5931034. Public record. Not legal advice.