Defendant contends, and the People agree, that defendant herein was improperly sentenced as a persistent violent felony offender on his conviction for criminal possession of a defaced weapon since it is not one of the offenses designated as a violent felony offense under Penal Law § 70.02. Although a sentence of 10 years to life imprisonment is within the legally permissible range for a persistent felony offender who commits a class D nonviolent felony, remand for resentence...
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