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PEOPLE v. BURNSIDE

13 Misc.3d 649 (2006)

823 N.Y.S.2d 856

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MICHAEL BURNSIDE, Defendant.

Supreme Court, New York County.

August 30, 2006.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (William Schaeffer of counsel), for plaintiff.

Lawrence DiGiansante for defendant.

OPINION OF THE COURT

GERALD HARRIS, J.

The defendant, Michael Burnside, was convicted after a jury trial of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). On the date fixed for sentence, July 13, 2006, the People filed a statement of predicate violent felony conviction for drug offender (the statement) which was read to the defendant, alleging that the defendant...

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