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PEOPLE v. LEON

10 N.Y.3d 122 (2008)

884 N.E.2d 1037

855 N.Y.S.2d 38

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE LEON, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 2008.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Jonathan M. Kirshbaum and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Mark Dwyer of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

Defendant Jose Leon's conviction arises out of the sexual abuse of a 13 year old. Supreme Court subsequently conducted a hearing and adjudicated defendant a persistent violent felony offender1 upon a finding that defendant had previously been convicted of two violent felonies — both first-degree manslaughter — in 1976, and in 1983. On this appeal, defendant presses two arguments concerning...

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