Sentence Illegal Because No Evidence of "Hate Crimes"
A sentence based on material assumptions unsupported by the evidence is illegal. Here, the trial court improperly assumed that the defendant targeted victims based on their ethnicity and age when there was no evidence that this was true. The Appellate Division vacated Mr. Miller's resentence and sent his case back for a resentencing.
Warren S. Landau briefed the case, which was argued by De Nice Powell.