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PEOPLE v. HEMPHILL

129 A.D.2d 460 (1987)

The People of the State of New York, Respondent, v. Kevin Hemphill, Appellant

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

April 14, 1987

Defendant was sentenced as a second violent felony offender pursuant to CPL 400.15. From the record, it appears that the prosecutor inadvertently filed a predicate felony statement under CPL 400.21, stating that, on June 14, 1983, defendant had been convicted of attempted burglary in the second degree and was sentenced to a term of one year. Concededly, attempted burglary in the second degree may serve as a predicate violent felony...

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