PEOPLE v. MELENDEZ

1028N/10, 2806, 2805.

146 A.D.3d 611 (2017)

2017 NY Slip Op 00408

44 N.Y.S.3d 758

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAIN MELENDEZ, Appellant.

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

Decided January 19, 2017.


The court correctly adjudicated defendant a second felony drug offender previously convicted of a violent felony, on the basis of his 1990 juvenile offender conviction of attempted murder in the second degree. In general, under Penal Law § 60.10 (2), a juvenile offender conviction (not resulting in youthful offender treatment) may be used as a predicate felony to enhance a sentence, and that provision lists the various multiple felony offender statuses in existence at...

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