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PEOPLE v. RODRIGUEZ

141 A.D.2d 427 (1988)

The People of the State of New York, Respondent, v. Carlos Rodriguez, Also Known as Julio Sostre-Santos, Appellant

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

June 23, 1988

Defendant contends, and the People concede, that he was improperly adjudicated a persistent violent felon and sentenced as such because his 1972 conviction of armed robbery in Massachusetts cannot serve as a predicate violent felony conviction for the purposes of New York's enhanced sentencing statute. To constitute a predicate violent felony, an out-of-State conviction must be "of an offense * * * which includes all of the essential...

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