PEOPLE v. TAVERAS


59 A.D.3d 264 (2009)

873 N.Y.S.2d 296

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MARTIN TAVERAS, Appellant.

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

Decided February 19, 2009.


Defendant was convicted in 1988, after a jury trial, of multiple crimes including murder and bribery. The resentencing court granted defendant's CPL 440.20 motion to set aside the original sentence on his bribery conviction, upon the People's concession that this sentence exceeded statutory limits. The court properly exercised its discretion when it then imposed a lawful sentence for the bribery conviction, the minimum permitted by law, but directed that it still be served...

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