PEOPLE v. RODRIGUEZ


178 A.D.2d 1019 (1991)

The People of the State or New York, Appellant, v. Edwin Rodriguez, Respondent

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

December 26, 1991


Appeal unanimously dismissed.

Memorandum:

After defendant was indicted on nine counts of drug-related activity, the court, with the People's agreement, accepted defendant's plea to attempted first degree criminal sale of a controlled substance in exchange for the promise of a sentence of three years to life. The parties and the court mistakenly assumed that first degree attempted criminal sale is an A-II felony. In fact, it is an A-I felony carrying a minimum...

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