The trial court erred in sentencing defendant as a persistent violent felony offender based upon his 1987 and 1991 convictions for attempted criminal possession of a weapon in the third degree under Penal Law §§ 110.00 and 265.02 (1). Penal Law § 70.08 (1) (a) requires that in order to be sentenced as a mandatory persistent violent felony offender, a defendant must have previously been convicted of two or more violent felony offenses as defined in Penal Law...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
