People v. Young

OPINION OF THE COURT

Joseph K. McKay, J.

*336At issue is whether defendant must be adjudicated a persistent violent felony offender (Penal Law § 70.08), should he be convicted of a violent felony in the above-captioned indictment. Initially the court notes that this matter does not call for a general advisory opinion but rather for the resolution of an issue of paramount and immediate importance to the parties and to the advancement and ultimate disposition of this case. That is the reason both parties have consented to the court’s determination of this critical issue at this preconviction…