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PEOPLE v. BALFOUR

95 A.D.2d 812 (1983)

The People of the State of New York, Respondent, v. Peter Balfour, Appellant

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

June 13, 1983

Sentence affirmed.

Defendant contends that it was error to sentence him as a second violent felony offender based upon his prior conviction on January 25, 1980, for the crime of attempted criminal possession of a weapon in the third degree. He argues (1) that the second violent felony offender statute (Penal Law, § 70.04) does not provide for the use of a conviction as a predicate violent felony conviction where, at...

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