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PEOPLE v. GARCIA

99 A.D.2d 738 (1984)

The People of the State of New York, Respondent, v. Plavio Garcia and Nestor Castano, Respondents-Appellants

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

February 28, 1984

The sentences imposed upon the defendants of concurrent indeterminate terms of 5 years to life imprisonment, upon their convictions of two class A-I felonies, are violative of section 70.00 (subd 3, par [a], cl [i]) of the Penal Law. That statute specifies that the minimum period of imprisonment under an indeterminate sentence for a class A-I felony "shall not be less than fifteen years nor more than twenty-five years." The court...

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