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PEOPLE v. REEVES

102960.

78 A.D.3d 1332 (2010)

911 N.Y.S.2d 236

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENNETT REEVES, Appellant.

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

Decided November 10, 2010.

EGAN JR., J.

Defendant was charged in a 2007 indictment with promoting prison contraband in the first degree and unlawful possession of marihuana, arising from his possession of 25 grams of marihuana while incarcerated. Under the terms of a plea agreement, defendant waived his right to appeal and pleaded guilty to attempted promoting prison contraband in the first degree. The Court of Appeals subsequently held that 25 grams or less of marihuana, in the absence of...

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