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PEOPLE v. BOYER

103161.

91 A.D.3d 1194 (2012)

936 N.Y.S.2d 917

2012 NY Slip Op 426

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL BOYER, Appellant.

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

Decided January 26, 2012.

MERCURE, A.P.J.

In 2002, defendant pleaded guilty to attempted burglary in the second degree and was sentenced as a persistent violent felony offender based upon 1989 and 1994 violent felony convictions (People v Boyer, 19 A.D.3d 804, 805 [2005], lv denied 5 N.Y.3d 804 [2005]). Thereafter, the sentence imposed upon defendant's 1994 conviction was vacated (id.). As a consequence...

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