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PEOPLE v. GRAYSON

207 A.D.2d 738 (1994)

616 N.Y.S.2d 964

The People of the State of New York, Respondent, v. Noel Grayson, Appellant

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

September 29, 1994

As the People concede, defendant was erroneously sentenced to a term of 4 to 12 years on the conspiracy conviction, a class E felony, which was improper under both the terms of the plea bargain and the sentencing provisions of the Penal Law. Since it is clear from the record that the Judge misspoke at sentencing when she imposed the higher 4 to 12 year sentence on the conspiracy conviction, rather than the class C felony marijuana...

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