The defendant claims, inter alia, that he was improperly sentenced as a second felony offender. The predicate felony statement filed by the People indicated that defendant had two prior felony convictions. The People candidly concede that the February 18, 1981, conviction for attempted criminal possession of a weapon in the third degree cannot serve as the underlying predicate (Penal Law, § 70.06, subd 1, par [b], cl [ii]). As to defendant's conviction in December...
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