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PEOPLE v. ELLIS

60 A.D.3d 1197 (2009)

874 N.Y.S.2d 642

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMAR ELLIS, Appellant.

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

Decided March 19, 2009.

Defendant pleaded guilty to criminal sale of a controlled substance in the fifth degree and was sentenced, in accordance with a plea agreement, as a second felony offender to a three-year prison term. The basis for sentencing defendant as a second felony offender was a February 1993 conviction of reckless endangerment in the first degree, which he admitted. On appeal, defendant claims that he was illegally sentenced as a second...

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