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PEOPLE v. DEVIVO

103413.

87 A.D.3d 794 (2011)

928 N.Y.S.2d 393

2011 NY Slip Op 6195

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY A. DEVIVO, Appellant.

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

Decided August 11, 2011.

SPAIN, J.P.

In 1993, defendant was convicted of criminal sale of a controlled substance in the third degree and was sentenced to a prison term of 3 to 9 years. In 1999, while on parole for that conviction, defendant was convicted of burglary in the second degree, criminal mischief in the third degree and perjury in the first degree. He was sentenced to prison terms of 10 years on the burglary conviction and 2 to 4 years...

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