PEOPLE v. BLACK


111 A.D.2d 143 (1985)

The People of the State of New York, Respondent, v. Kenneth Black, Appellant

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

May 30, 1985


Defendant correctly contends, and the People concede, that his adjudication as a persistent violent felony offender violates Penal Law § 70.08. Since defendant committed both prior crimes before he was sentenced on either, these convictions cannot both serve as predicate violent felony convictions as defined in Penal Law §§ 70.04, 70.08 (People v Morse, 62 N.Y.2d 205). At the time of his sentencing in connection with...

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