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PEOPLE v. POWELL

151 A.D.2d 317 (1989)

The People of the State of New York, Respondent, v. Anthony Powell, Appellant

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

June 15, 1989

The People concede that the sentence must be modified with respect to both the conviction for rape in the first degree and criminal use of a firearm in the first degree. In that regard, the People correctly assert that since the rape conviction was not for an armed violent felony offense, 12½ to 25 years was not an authorized sentence. Accordingly, the appropriate sentence should be 8 1/3 to 25 years, which is the maximum minimum...

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