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PEOPLE v. PILOTTI

127 A.D.2d 23 (1987)

The People of the State of New York, Respondent, v. Dominic Pilotti, Appellant

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

February 5, 1987

Attorney(s) appearing for the Case

Jay Goldberg for appellant.

Cindy Rainbow of counsel (Mark L. Freyberg with her on the brief; Mario Merola, District Attorney, attorney), for respondent.

KASSAL and ELLERIN, JJ., concur with FEIN, J.; SANDLER, J. P., and CARRO, J., dissent in an opinion by SANDLER, J. P.

FEIN, J.

This is an appeal from an order of the Supreme Court, Bronx County (Lawrence Tonetti, J.), entered October 21, 1985, denying defendant's motion to vacate the judgment of conviction and 2½- to 5-year sentence as a second violent felony offender, rendered against him on April 3, 1978, on his plea of guilty to criminal possession of a weapon in the third degree (Manuel Ramos, J.). The sentence was...

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