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PEOPLE v. ABBOTT

113 Misc.2d 766 (1982)

The People of the State of New York, Plaintiff, v. Jack Henry Abbott, Defendant.

Supreme Court, Trial Term, New York County.

April 15, 1982

Attorney(s) appearing for the Case

Ivan Fisher, Alan Scribner and Marsha Taubenhaus for defendant. Robert M. Morgenthau, District Attorney (James Fogel of counsel), for plaintiff.

IRVING LANG, J.

Jack Henry Abbott was convicted of manslaughter in the first degree by jury verdict in New York State Supreme Court on January 21, 1982. The issue before this court is whether the defendant's previous felony convictions require that he be sentenced as a persistent violent felony offender pursuant to section 70.08 of the Penal Law and CPL 400.16.

The defendant's first felony conviction...

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