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PEOPLE v. GARCIA

226 A.D.2d 229 (1996)

640 N.Y.S.2d 756

The People of the State of New York, Respondent, v. Richard Garcia, Appellant

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

April 18, 1996

As the People concede, defendant was erroneously sentenced as an armed felon pursuant to Penal Law § 70.02 (4), since neither attempted murder in the second degree nor attempted aggravated assault upon a police officer is a class B armed felony (People v Drew, 147 A.D.2d 411). Accordingly, the judgment is modified to the extent of reducing the minimum terms on the convictions to one...

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