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PEOPLE v. DANIEL

109 A.D.2d 675 (1985)

The People of the State of New York, Respondent, v. Ted Marvin Daniel, Appellant

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

March 21, 1985

While we find no merit to the other arguments raised by the defendant on appeal, in response to defendant's plea, inter alia, for leniency, the court responded: "I have no choice in this matter at all", and proceeded to impose a sentence with a minimum of 8 and a maximum of 15 years.

The error was twofold. On one hand, obviously, the imposition of said minimum would contravene Penal Law § 70.06 (4) (b), to wit...

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