Defendant applied for resentencing on his 2005 conviction for criminal sale of a controlled substance in the third degree, involving a 2004 incident. In that case, he was adjudicated a second felony offender based on a 1997 conviction for a nonviolent felony, also involving drugs. However, defendant also had two 1994 convictions for attempted robbery in the second degree, a violent felony. The court properly concluded that, even though the attempted robbery convictions never...
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