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PEOPLE v. LANIER

114 A.D.2d 339 (1985)

The People of the State of New York, Respondent, v. Freddie Lanier, Appellant

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

October 31, 1985

The 4 to 12-year sentence imposed on defendant's attempted robbery in the second degree conviction is beyond the scope of punishment provided by law and, as such, is illegal. The maximum term for that offense, a class D violent felony, is 2 1/3 to 7 years. (See, Penal Law § 70.02 [1] [c], [2] [b]; § 70.00 [2] [d]; [3] [b].) We modify accordingly.

We have examined defendant's other points and find that they...

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