People v. Jenkins

OPINION OF THE COURT

Duncan S. McNab, J.

The People herein have petitioned the court to sentence defendant as a persistent violent felony offender under section 70.08 of the Penal Law (eff Sept. 1, 1978). Prior to discussing the merits of defendant’s constitutional challenge to his two prior felony convictions, the court wishes to explore a threshold issue belatedly raised by defendant upon final argument, namely, whether two pre-September 1978 convictions may *936constitute predicate violent felony convictions as defined by the statute.

By way of background, the defendant was convicted following a…