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PEOPLE v. BOWEN

6 Misc.3d 760 (2005)

791 N.Y.S.2d 349

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. AKO BOWEN, Defendant.

Supreme Court, Kings County.

February 1, 2005.

Attorney(s) appearing for the Case

Herbert Moses, Brooklyn, for defendant.

Florence Hutner, General Counsel, New York City Department of Probation, Brooklyn (Gregory R. Kuziw of counsel), for plaintiff.

OPINION OF THE COURT

WILLIAM E. GARNETT, J.

If a defendant receives a split sentence as authorized by Penal Law § 60.01 (2) (d) and commits a new crime while incarcerated, can the defendant's probation sentence be revoked and can the defendant be resentenced to a longer period of incarceration?

On May 3, 2004, the defendant pleaded guilty to the class C felony of attempted criminal sale of a controlled...

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