PEOPLE v. HOWARD


1 A.D.3d 1015 (2003)

767 N.Y.S.2d 360

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELDON H. HOWARD, Appellant.

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

November 21, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

County Court properly denied the motion of defendant pursuant to CPL 440.20 to set aside the sentence of an indeterminate term of imprisonment of 12 years to life imposed upon his conviction of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [2] [b]). That sentence is the authorized for a persistent violent felony offender...

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