PEOPLE v. HYMES


21 A.D.3d 823 (2005)

800 N.Y.S.2d 843

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN HYMES, Appellant.

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

September 22, 2005.


The record establishes that defendant was adjudicated as a persistent violent felony offender and that he received a sentence that would only be lawful upon such an adjudication. However, by failing to specify the subdivision of Penal Law § 265.02 applicable to defendant's prior conviction of attempted criminal possession of a weapon, the People's information failed to establish that this conviction qualified as a violent felony (see Penal Law § 70...

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