¶ Defendant contends, and the People concede, that one of the two predicate violent felony offenses contained in the prosecution's persistent violent felony offender statement, criminal possession of a weapon in the third degree, was not deemed a violent felony offender offense under section 70.02 of the Penal Law until August 12, 1980, which was subsequent to the commission of the crimes involved herein. Consequently, defendant should have been sentenced under the provisions...
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