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PEOPLE v. PANIAGUA

45 A.D.3d 98 (2007)

841 N.Y.S.2d 506

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN PANIAGUA, Appellant.

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

September 6, 2007.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Gayle Pollack of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Eleanor J. Ostrow of counsel), for respondent.

FRIEDMAN, J.P., MARLOW, SWEENY and CATTERSON, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

Defendant was convicted in October 2002 of criminal sale of a controlled substance in the first degree (a class A-I felony) and criminal sale of a controlled substance in the second degree (a class A-II felony), inter alia. He was sentenced on these two counts to concurrent indeterminate terms of 15 years to life (Penal Law § 70.00 [2] [a]; [3] [a] [i]) and three years to...

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