PEOPLE v. BERMUDEZ


200 A.D.2d 392 (1994)

606 N.Y.S.2d 610

The People of the State of New York, Respondent, v. Jose Bermudez, Appellant

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

January 6, 1994


As the People concede, defendant's conviction, in 1978, for attempted criminal possession of a weapon in the third degree was not for a violent felony offense. Moreover, although the 1978 conviction served as the basis for enhanced sentencing in 1983, defendant admitted in that proceeding only that the 1978 conviction was a predicate felony, not that it was a violent felony offense. Therefore, defendant has not waived the right to challenge the 1978 conviction as a violent...

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