PEOPLE v. FRANCIS

6582. 9990/87.

164 A.D.3d 1108 (2018)

82 N.Y.S.3d 401

2018 NY Slip Op 05971

The People of the State of New York, Respondent, v. Gerald Francis, Appellant.

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

Decided September 6, 2018.


Defendant claims that on his 1988 conviction of third-degree weapons possession he was unlawfully sentenced, as a first felony offender, to a term of six months' incarceration concurrent with five years' probation, when he should have been sentenced, as a second felony offender, to at least two to four years in state prison, due to his 1982 conviction for criminal sale of a controlled substance in the fifth degree. Thus, he is essentially claiming that the court erred in...

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