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PEOPLE v. DURRAN

210 A.D.2d 34 (1994)

619 N.Y.S.2d 269

The People of the State of New York, Respondent, v. Raphael Durran, Appellant

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

December 6, 1994

The court correctly advised defendant during plea negotiations that he faced a possible total term of 50 years for the two attempted murder counts. Contrary to defendant's contention, this aggregate was not reducible to 40 years under Penal Law § 70.30 (1) (c) (ii) because of the inclusion of the murder count, a class A felony (see, Matter of Roballo v Smith, 63 N.Y.2d 485, 489-490). However, defendant is correct in arguing...

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