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PEOPLE v. WHITE

292 A.D.2d 158 (2002)

738 N.Y.S.2d 196

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL WHITE, Appellant.

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

Decided March 5, 2002.

As the People concede, defendant was improperly sentenced as a second violent felony offender for his conviction of criminal possession of a weapon in the third degree under Penal Law § 265.02 (1), which is not classified as a violent felony (Penal Law § 70.02 [1] [c]). We perceive no basis for a modification of sentence other than as indicated. Since defendant had a reasonable expectation of finality in the five-year...

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