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PEOPLE EX REL. STEPHENS v. LACY

191 A.D.2d 915 (1993)

595 N.Y.S.2d 138

The People of the State of New York ex rel. Cornelius Stephens, Appellant, v. Peter J. Lacy, as Superintendent of Bare Hill Correctional Facility, Respondent

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

March 18, 1993

Petitioner was convicted in March 1990 upon his plea of guilty of the crimes of burglary in the second degree and attempted burglary in the second degree. In this proceeding, petitioner contends that he was improperly sentenced as a predicate felon because a 1981 conviction for attempted burglary in the second degree, relied upon as a predicate felony in his sentencing upon his 1990 conviction, was invalid. Notably, petitioner...

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