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PEOPLE v. ARROYO

179 A.D.2d 393 (1992)

The People of the State of New York, Respondent, v. Julio Arroyo, Appellant

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

January 9, 1992

At sentencing defendant was found to be a persistent violent felony offender. One of the felonies considered pursuant to Penal Law § 70.04 was a 1980 Florida burglary (Fla Stat Annot § 810.02) committed when defendant was 17 years old, and found by the sentencing court to include all of the essential elements of Penal Law § 140.25 (2), burglary in the second degree. There is no merit to defendant's contention that...

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