PEOPLE v. ANONYMOUS

2069/12. 5813. 5812.

158 A.D.3d 577 (2018)

71 N.Y.S.3d 460

2018 NY Slip Op 01270

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANONYMOUS, Appellant.

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

Decided February 22, 2018.


The sentencing court correctly determined that defendant's 1988 conviction of attempted burglary in the second degree qualifies as a predicate violent felony. Accordingly, we reject defendant's contention that he should be adjudicated a second felony drug offender without reference to a violent felony.

Defendant's 1988 conviction qualifies only if it occurred within 10 years of his commission of the instant offense on May 4, 2012, with that 10-year look-back period...

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