People v. Lewis

OPINION OF THE COURT

Gloria Goldstein, J.

Defendant stands convicted of criminal possession of a *753weapon in the second degree, and, on the basis of his prior felony convictions in 1974 and 1982, the prosecutor contends he is required to be sentenced as a persistent violent felony offender.

Defendant contests this status as a persistent violent felon, arguing that his 1974 conviction cannot be used to increase his punishment on the ground that it is more than 10 years old.

Defendant was first sentenced on the 1974 conviction on January 7, 1975, but his conviction was thereafter reversed and a new…