PEOPLE v. MALONEY


63 A.D.2d 1046 (1978)

The People of the State of New York, Respondent, v. Mark Maloney, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 1, 1978


The defendant pleaded guilty to the crime of criminal sale of a controlled substance in the fifth degree. At sentencing, however, the court erroneously sentenced the defendant as though he had pleaded guilty to the crime of criminal possession of a controlled substance in the fifth degree. Consequently, the judgment must be modified to reflect the actual plea of guilty of the defendant. Both the crime that defendant pleaded guilty to and the crime for which he was sentenced...

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