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PEOPLE v. TOLBERT

93 N.Y.2d 86 (1999)

710 N.E.2d 669

688 N.Y.S.2d 105

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH TOLBERT, Appellant.

Court of Appeals of the State of New York.

Decided April 1, 1999.

Attorney(s) appearing for the Case

Abigail Everett, New York City, and Robert S. Dean for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Patrick J. Hynes and Rona Feinberg of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur.

OPINION OF THE COURT

WESLEY, J.

Defendant was indicted for criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]) on September 3, 1996. Following arraignment, defendant negotiated a plea agreement under which he would be allowed to enter a plea to attempted criminal possession of a weapon in the third degree and would be sentenced as a persistent violent felony offender to a prison term of four years to life.

On December...

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