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PEOPLE v. McDOWELL

56 A.D.3d 955 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REUBEN McDOWELL, Appellant.

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

November 20, 2008.

Cardona, P.J.

Following defendant's plea of guilty to the crime of criminal possession of a weapon in the third degree, County Court sentenced him, as a second felony offender, to 2 to 4 years in prison and ordered restitution in the amount of $1,995. On appeal, defendant first contends that he was not properly sentenced as a second felony offender in that the People's predicate felony offender statement did not strictly conform with CPL 400.21. We do not agree. As...

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