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PEOPLE v. MORCILIO

91 A.D.2d 1074 (1983)

The People of the State of New York, Respondent, v. Hector Morcilio, Appellant

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

January 31, 1983

Judgment affirmed.

Prior to defendant's sentencing on May 18, 1981, the People filed a predicate felony statement against defendant for the purpose of having him sentenced as a second felony offender (Penal Law, § 70.06; CPL 400.21). The predicate felony statement filed against defendant listed two prior class E felony convictions, namely (1) a 1973 conviction for attempted criminal possession of a weapon in the third degree, and (2) a 1974 conviction for criminal...

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