Defendant was lawfully sentenced to a term of 4 years to life, as a persistent violent felony offender, upon his conviction of a class E violent felony offense. When, under Penal Law former § 70.08, the Legislature omitted any minimum term of imprisonment for a persistent violent felony offender convicted of a class E violent felony, the Court of Appeals determined that the lawful sentence in that situation was 2 years to life (People v Green,
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PEOPLE v. TOLBERT
251 A.D.2d 44 (1998)
674 N.Y.S.2d 13
The People of the State of New York, Respondent, v. Keith Tolbert, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 4, 1998
June 4, 1998
Appellate Division of the Supreme Court of the State of New York, First Department.
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