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PEOPLE v. BOYD

12 N.Y.3d 390 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PAUL BOYD, Respondent.

Court of Appeals of New York.

Decided May 7, 2009.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (David M. Cohn and Mark Dwyer of counsel), for appellant.

Dominic J. Sichenzia, Carle Place, for respondent.

Judges GRAFFEO, READ and JONES concur with Judge CIPARICK; Judge SMITH dissents in a separate opinion; Judge PIGOTT dissents separately in another opinion; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

CIPARICK, J.

On August 20, 2004, defendant pleaded guilty to two counts of robbery in the first degree (Penal Law § 160.15) in full satisfaction of two separate indictments alleging that he participated in four separate gunpoint robberies of Cosi restaurants in Manhattan. In exchange, defendant would receive concurrent determinate sentences of 12 years on each count. After defendant's...

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