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PEOPLE v. LYNES

9980, 4848/10.

106 A.D.3d 433 (2013)

963 N.Y.S.2d 873

2013 NY Slip Op 3188

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

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

Decided May 2, 2013.

Defendant's adjudication as a second felony drug offender whose prior felony conviction was a violent felony was improper. The People do not dispute that the conviction relied upon in their predicate felony statement, second-degree murder, is not classified as a violent felony offense under the sections of the Penal Law applicable to this type of adjudication (Penal Law §§ 70.02[1]; 70.70[1][c]; compare 70.04[1...

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