Defendant was convicted in 1984 of one count of first-degree rape and one count of first-degree sodomy. He was adjudicated, after a hearing, as a persistent felony offender, pursuant to CPL 400.20, based upon two prior felony convictions, and he was sentenced to concurrent prison terms of from 15 years to life imprisonment on each count. In July of 2003, defendant moved for an order setting aside his sentence pursuant to CPL 440.20 on the basis that the New York persistent...
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