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PEOPLE v. TOWLES

198 A.D.2d 385 (1993)

605 N.Y.S.2d 897

The People of the State of New York, Respondent, v. Sylvester Towles, Appellant

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

November 15, 1993

Ordered that the judgment is affirmed.

The defendant was sentenced as a persistent violent felony offender based on his prior convictions for assault in the second degree in 1981 and attempted robbery in the first degree in 1984. On appeal, the defendant contends that he was entitled to a persistent violent felony offender hearing based on his claim that assault in the second degree is not a violent felony. He otherwise admitted the allegations in the People's statement...

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