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PEOPLE v. MONTILLA

37 A.D.3d 281 (2007)

829 N.Y.S.2d 506

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLYN MONTILLA, Appellant.

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

Decided February 15, 2007.

Defendant was properly convicted of third-degree weapon possession under Penal Law § 265.02 (1), of which an essential element is that a defendant "has been previously convicted of any crime." That requirement was satisfied because defendant had pleaded guilty to a crime prior to committing the instant offense, even though he had not yet been sentenced for the prior crime. The Criminal Procedure Law expressly provides that...

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