PEOPLE v. CARR


244 A.D.2d 264 (1997)

664 N.Y.S.2d 766

The People of the State of New York, Respondent, v. Richard Carr, Also Known as Robert Woodside, Appellant

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

November 20, 1997


Defendant contends that the court erred in sentencing him as a persistent violent felony offender since he was not sentenced as a second violent felony offender for the second underlying violent felony conviction that formed the basis of the adjudication (Penal Law §§ 70.04, 70.08). However, since defendant stood convicted of a violent felony, had been previously convicted of two violent felony offenses in that he had committed the second violent felony offense...

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