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PEOPLE v. MILTON

204 A.D.2d 229 (1994)

612 N.Y.S.2d 401

The People of the State of New York, Respondent, v. Malcolm Milton, Appellant

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

May 26, 1994

Defendant Milton was tried together with codefendant Jimmy Norville and therefore equally affected by the court's unbalanced marshalling of the evidence and its erroneous instruction of the jury. Furthermore, the People concede that defendant was not convicted of two previous violent felony offenses so as to warrant the enhanced sentence imposed. In 1982, defendant was convicted of criminal possession of a weapon in the third degree...

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