PEOPLE v. McLAURIN


260 A.D.2d 944 (1999)

690 N.Y.S.2d 289

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORRIS J. McLAURIN, Appellant.

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

Decided April 29, 1999.


Yesawich Jr., J.

Defendant claims that he was improperly sentenced as a persistent violent felony offender (see, Penal Law § 70.08) because his 1987 predicate felony conviction was jurisdictionally defective. The criminal action out of which that conviction arose was commenced by the filing of a felony complaint charging defendant with the crime of criminal possession of a controlled substance in the third degree, a class B felony. After defendant's arraignment...

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