PEOPLE v. OVERTON


29 A.D.3d 826 (2006)

814 N.Y.S.2d 279

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SEAN OVERTON, Respondent.

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

May 16, 2006.


Ordered that the sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for resentencing in accordance with the law in effect at the time the defendant committed the instant crimes.

On April 18, 2005 the defendant pleaded guilty to criminal sale of a controlled substance in the third degree (five counts). In the course of his allocution, the defendant admitted that on five separate dates in March and April 2004 he sold a...

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