PEOPLE v. SPEARS


228 A.D.2d 193 (1996)

643 N.Y.S.2d 343

The People of the State of New York, Respondent, v. Jermaine Spears, Appellant

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

June 6, 1996


As the People concede, defendant's conviction for manslaughter was incorrectly treated as a class B armed felony, instead of a class B violent felony carrying, at the time of sentence, a maximum term of 25 years and a minimum period of one-third the maximum term, i.e., 8 1/3 to 25 years. Defendant does not seek to withdraw his plea. Defendant may not be resentenced to a maximum term greater than the 20 years previously imposed pursuant to his plea agreement (Stewart v...

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