PEOPLE v. GIBBONS


270 A.D.2d 937 (2000)

706 N.Y.S.2d 803

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID R. GIBBONS, Appellant.

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

Decided March 29, 2000.


Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: Defendant was convicted upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25) and grand larceny in the third degree (Penal Law § 155.35). County Court sentenced defendant to indeterminate terms of 1½ to 4½ years' imprisonment on each

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