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People v. Spears

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1996
228 A.D.2d 193 (N.Y. App. Div. 1996)

Opinion

June 6, 1996

Appeal from the Supreme Court, Bronx County (George Covington, J.).


As the People concede, defendant's conviction for manslaughter was incorrectly treated as a class B armed felony, instead of a class B violent felony carrying, at the time of sentence, a maximum term of 25 years and a minimum period of one-third the maximum term, i.e., 8 1/3 to 25 years. Defendant does not seek to withdraw his plea. Defendant may not be resentenced to a maximum term greater than the 20 years previously imposed pursuant to his plea agreement ( Stewart v. Scully, 925 F.2d 58 [2d Cir 1991]). On the other hand, there is no reason to reduce the 10-to-20-year sentence for criminal use of a firearm in the first degree.

Concur — Milonas, J.P., Rosenberger, Ross and Tom, JJ.


Summaries of

People v. Spears

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1996
228 A.D.2d 193 (N.Y. App. Div. 1996)
Case details for

People v. Spears

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE SPEARS…

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

Date published: Jun 6, 1996

Citations

228 A.D.2d 193 (N.Y. App. Div. 1996)
643 N.Y.S.2d 343

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