Fourth Department - Sentencing: People v. Overstreet

Daily Record Staff//April 9, 2026//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Sentencing — Sexually motivated felony — Determinate sentence

KA 23-01803

Appealed from Cayuga County Court

Background: The defendant appealed from his convictions of three counts of disseminating indecent material to minors as a sexually motivated felony and two counts of use of a child in a sexual performance. He was sentenced to an indeterminate term of two to seven years in prison for each count of disseminating indecent material and five to 15 years for each count of use of a child in a sexual performance.

Ruling: The Appellate Division modified the sentence holding the imposition of the sentences were illegal. Specifically, the sentences must be for a determinate term. The court remanded the matter to afford the defendant the opportunity to be resentenced to a legal term of incarceration.

Veronica Reed for the defendant-appellant; Christopher T. Valdina, of the district attorney’s office, for the respondent.

Submitted