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PEOPLE v. GERVAIS

195 Misc.2d 129 (2003)

756 N.Y.S.2d 390

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ANTHONY GERVAIS, Defendant.

Criminal Court, New York County.

January 22, 2003.

Attorney(s) appearing for the Case

Fred S. Rosenberg, P.C., for defendant.

Robert M. Morgenthau, District Attorney (Thomas Schiels of counsel), for plaintiff.

OPINION OF THE COURT

MATTHEW F. COOPER, J.

The defendant is charged with the crime of murder in the second degree, in violation of Penal Law § 125.25 (1). This crime, which is designated an A-1 felony, is punishable by an indeterminate sentence of imprisonment with a minimum of between 15 and 25 years and a maximum of life imprisonment. (Penal Law § 60.05 [2]; § 70.00 [2] [a]; [3] [a] [i].) Because there has been no action by the grand jury...

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