PEOPLE v. FERGUSON


121 Misc.2d 869 (1983)

The People of the State of New York, Plaintiff, v. Raymond Ferguson, Defendant.

Supreme Court, Criminal Term, Kings County.

November 28, 1983


Attorney(s) appearing for the Case

Caesar Cirigliano and Matthew Guarino for defendant. Elizabeth Holtzman, District Attorney (James Felix of counsel), for plaintiff.


JEROME M. KAY, J.

The question to be determined by this court is whether the defendant, Raymond Ferguson, may be sentenced as a persistent violent felony offender under section 70.08 of the Penal Law. Defendant contends section 70.08 of the Penal Law does not provide for the use of a prior conviction in deciding that one is a persistent violent felony offender unless, at the time of the prior felony's commission, the offense underlying the prior conviction...

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