PEOPLE v. NEIRA


130 A.D.2d 518 (1987)

The People of the State of New York, Respondent, v. Leonard Neira, Appellant

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

May 4, 1987


Ordered that the sentence is affirmed.

The only issue raised by the defendant on appeal, namely, that the sentence received was excessive, is without merit. He pleaded guilty to criminal sale of a controlled substance in the second degree, a class A-II felony (Penal Law § 220.41). Penal Law § 70.00 (3) (a) (ii) provides that the minimum sentence for an A-II felony "shall not be less than three years nor more than eight years four months". The defendant received...

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