PEOPLE v. PAYTON

102645.

72 A.D.3d 1352 (2010)

898 N.Y.S.2d 728

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

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 22, 2010.


McCARTHY, J.

In satisfaction of a three-count indictment, defendant pleaded guilty in 2005 to criminal possession of a controlled substance in the second degree and attempted criminal possession of a weapon in the third degree and was sentenced as a second felony offender to an aggregate prison term of 7½ years to life. At that time, defendant owed at least four years on a prior undischarged sentence. Defendant subsequently moved pursuant to CPL 440.10 to vacate...

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