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PEOPLE v. DREW

147 A.D.2d 411 (1989)

The People of the State of New York, Respondent, v. Wayne Drew, Appellant

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

February 23, 1989

On appeal, defendant contends that he was illegally sentenced as an armed felon. We agree. An "armed felony" is defined in CPL 1.20 (41) as:

"[A]ny violent felony offense defined in section 70.02 of the penal law that includes as an element either: "(a) possession, being armed with or causing serious physical injury by means of a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable...

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