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People v. Rosale

Appellate Division of the Supreme Court of New York, First Department
May 9, 1996
227 A.D.2d 185 (N.Y. App. Div. 1996)

Opinion

May 9, 1996

Appeal from the Supreme Court, New York County (Antonio Brandveen, J.).


The People concede that the negotiated plea was intended to result in a prison sentence of 5 to 10 years; that while the court and counsel referred to the pled-to crime of attempted second-degree criminal possession of a controlled substance as a class B felony, in fact it is an A-II felony; and that reduction of the conviction to third-degree criminal possession of a controlled substance, a class B felony, as requested by defendant, would give effect to the parties' intent ( see, People v. Carter, 196 A.D.2d 633). We note that a sentence of 5 to 10 years for a second felony offender is not legal for an A-II felony but is legal for a B felony (Penal Law § 70.06 [a], [b]; [4] [a], [b]), and that a defendant charged with an A-II felony is allowed to plead guilty to a B felony (CPL 220.10 [a] [ii]).

Concur — Murphy, P.J., Sullivan, Rosenberger, Nardelli and Tom, JJ.


Summaries of

People v. Rosale

Appellate Division of the Supreme Court of New York, First Department
May 9, 1996
227 A.D.2d 185 (N.Y. App. Div. 1996)
Case details for

People v. Rosale

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY ROSALE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 9, 1996

Citations

227 A.D.2d 185 (N.Y. App. Div. 1996)
642 N.Y.S.2d 516

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