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PEOPLE v. JENKINS

100 Misc.2d 935 (1979)

The People of the State of New York, Plaintiff, v. Walter Jenkins, Defendant.

Supreme Court, Bronx County.

September 6, 1979

Attorney(s) appearing for the Case

Brian Wilson, Assistant District Attorney, for plaintiff. Lavin & Batchelder (Harry Batchelder of counsel), for defendant.

DUNCAN S. McNAB, J.

The People herein have petitioned the court to sentence defendant as a persistent violent felony offender under section 70.08 of the Penal Law (eff Sept. 1, 1978). Prior to discussing the merits of defendant's constitutional challenge to his two prior felony convictions, the court wishes to explore a threshold issue belatedly raised by defendant upon final argument, namely, whether two pre-September 1978 convictions may

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