PEOPLE v. FALCONE


107 A.D.2d 587 (1985)

The People of the State of New York, Respondent, v. Phillip Falcone, Appellant

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

January 8, 1985


In the colloquy accompanying the entry of defendant's plea of guilty to attempted criminal possession of a weapon in the third degree, it was assumed by the court, counsel and defendant that the defendant had been previously convicted of a felony, the only uncertainty being whether or not the prior conviction was a predicate violent felony conviction under section 70.04 of the Penal Law. It was agreed that if the defendant was a second violent felony offender the sentence...

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