PEOPLE v. DAVIS

7114, 4460C/05.

93 A.D.3d 524 (2012)

940 N.Y.S.2d 256

2012 NY Slip Op 2037

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN DAVIS, Appellant.

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

Decided March 20, 2012.


Defendant was properly sentenced as a persistent violent felony offender. There was no violation of the requirement of sequentiality of convictions (see Penal Law § 70.04 [1] [b] [ii]; People v Morse, 62 N.Y.2d 205 [1984], appeal dismissed sub nom. Vega v New York, 469 U.S. 1186 [1985]).

In 1983, defendant was convicted of the violent felony of criminal possession of a weapon in the third degree and sentenced...

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