Defendant was convicted of assault in the first degree and sentenced to an indeterminate term of 20 years to life as a persistent felony offender. Defendant took an appeal from that conviction to this court and the conviction was affirmed without opinion (97 A.D.2d 682, lv denied 61 N.Y.2d 673). Defendant then brought the instant motion to set aside his sentence, contending that he was improperly sentenced as a persistent felony offender...
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