After a jury trial, defendant was convicted of assault in the second degree, a class D violent felony (see, Penal Law § 70.02 [1] [c]). Based on his previous conviction of criminal possession of stolen property in the second degree, a class E felony (see, Penal Law § 165.45), defendant was to be sentenced as a second felony offender (see, Penal Law § 70.06). At sentencing, both the District Attorney and defendant...
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