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PEOPLE v. APONTE

129 A.D.2d 461 (1987)

The People of the State of New York, Respondent, v. Jimmy Aponte, Appellant

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

April 14, 1987

As we held on the appeal of defendant's accomplice following the latter's conviction of the same crimes encompassed in the first judgment after a joint trial with defendant, the imposition of a sentence of 8 1/3 to 25 years for the counts charging criminal possession of a weapon in the second degree was unauthorized, because that crime, as defined in Penal Law § 265.03, is a class C felony (People v Nieves,

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