PEOPLE v. BLACK


187 A.D.2d 517 (1992)

The People of the State of New York, Respondent, v. Juan Black, Appellant

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

November 9, 1992


Ordered that the sentence is modified, on the law, by reducing the minimum term of imprisonment from 5 to 4½ years, and reducing the maximum term of imprisonment from 10 to 9 years; as so modified, the sentence is affirmed.

As part of the plea agreement, the defendant agreed that he would waive his right to contest his prior felony offender status. However, at sentencing, the defendant sought to challenge his status as a prior felony offender. The court responded...

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