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PEOPLE v. SIMMONS

205 A.D.2d 432 (1994)

614 N.Y.S.2d 131

The People of the State of New York, Respondent, v. Alphonso Simmons, Appellant

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

June 23, 1994

The sentence imposed on each of the second degree robbery convictions, a class C felony, was illegal to the extent it exceeds 5 to 15 years (see, Penal Law § 70.02 [1] [b]; [3] [b]; [4]). Since it is clear from the plea minutes that the court did not intend to have the sentences run consecutively, a remand for clarification is unnecessary (see, People v Wilkerson, 121 A.D.2d 284). We, therefore, reduce the sentences...

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