The felonies employed as predicates for enhancing defendant's sentence were a 1977 Massachusetts conviction for assault and battery by means of a dangerous weapon (Mass Gen Laws Annot, ch 265, § 15A) and a 1973 New York conviction for criminal possession of a weapon in the third degree. As the People commendably concede, neither conviction was properly used for sentencing defendant as a predicate violent felon. The offense for which defendant was convicted in Massachusetts...
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