PEOPLE v. MARTINEZ


80 A.D.2d 923 (1981)

The People of the State of New York, Respondent, v. Chauncey Martinez, Also Known as Tamika, Also Known as Tamide Chancey, Appellant

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

March 30, 1981


Sentences modified, on the law and as a matter of discretion in the interest of justice, by vacating the adjudication that defendant is a second felony offender and reducing the sentences to concurrent terms of imprisonment of 0 to 3 years. As so modified, sentences affirmed.

The District Attorney concedes that defendant was improperly sentenced as a second felony offender. Accordingly, we have reduced the sentences to conform to the court's initial promise when the...

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