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PEOPLE v. DI DONATO

263 A.D.2d 677 (1999)

695 N.Y.S.2d 145

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS DI DONATO, Appellant.

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

Decided July 15, 1999.

Cardona, P. J.

In October 1992, defendant pleaded guilty to burglary in the first degree and two counts of murder in the second degree in full satisfaction of a four-count indictment. As part of the plea, County Court (Feldstein, J.) agreed to place a cap of 20 years on the minimum portion of defendant's indeterminate sentence in lieu of the 25 years provided by statute (see, Penal Law § 70.00 [3] [a] [i])....

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