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PEOPLE v. FRANCIS

No. 11.

34 N.Y.3d 464 (2020)

143 N.E.3d 1079

121 N.Y.S.3d 201

2020 NY Slip Op 00996

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD FRANCIS, Appellant.

Court of Appeals of New York.

Decided February 13, 2020.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York City ( Harold V Ferguson, Jr. of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Samuel Z. Goldfine and Alan Gadlin of counsel), for respondent.

OPINION OF THE COURT

In 2015, defendant moved pursuant to CPL 440.20 to set aside his 1988 sentence of six months of incarceration, imposed upon his plea of guilty to third-degree criminal possession of a weapon, on the ground that the sentence was illegally lenient. Supreme Court denied defendant's motion. The Appellate Division...

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