Judul : Court tosses sentence for Almond 7-Eleven robbery suspect
link : Court tosses sentence for Almond 7-Eleven robbery suspect
Court tosses sentence for Almond 7-Eleven robbery suspect
A New York State Appellate Court ruled on Friday the a Fillmore man, convicted of 3rd degree robbery and weapons possession at the 7-Eleven store in Almond in 2014, must be resentenced after an Allegany County court judge made an error. After being convicted by a jury, on July 14, 2016 Allegany County Judge Terrance M. Parker sentenced Tyler L. Evans of Fillmore, now 21, to a state prison sentence of 3-10 years in prison (his name appears on the Department of Corrections website and several other media sites).This is the Appellate Court ruling issued Friday:
Appeal from a judgment of the Allegany County Court (Terrence M. Parker, J.), rendered June 14, 2016. The judgment convicted defendant, upon a jury verdict, of robbery in the third degree and criminal possession of a weapon in the fourth degree.
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Allegany County Court for resentencing.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of robbery in the third degree (Penal Law § 160.05) and criminal possession of a weapon in the fourth degree (§ 265.01 [1]). Contrary to defendant’s contention, the sentence imposed on the count of robbery in the third degree is not unduly harsh or severe. Nevertheless, County Court erred in failing to impose a sentence for each count of which defendant was convicted (see CPL 380.20). We therefore modify the judgment by vacating the sentence, and we remit the matter to County Court for resentencing.
According to the New York State Department of Corrections website, Evans was released to parole on August 31, 2017.
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