PEOPLE v. FLORES


167 A.D.2d 160 (1990)

The People of the State of New York, Respondent, v. Andres Flores, Appellant

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

November 8, 1990


Defendant pleaded guilty to manslaughter in the first degree and was sentenced in accordance with his plea bargain to a term of 7 to 21 years. On appeal, 11 years after the crime although only approximately two years after the plea, defendant argues that his sentence was unlawful pursuant to Penal Law § 70.04 in that, as a second violent felony offender, he should have received a minimum sentence of one half the maximum, not one third the maximum. Accordingly, it is...

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