People v. Coffey

The defendant was incorrectly sentenced as a second felony offender pursuant to Penal Law § 70.06. His predicate offense, a conviction of criminal possession of a weapon in the third degree under Penal Law § 265.02 (4), is a violent felony offense (see, Penal Law § 70.02 [1] [c]), as are the instant convictions of manslaughter in the first degree (see, Penal Law § 70.02 [1] [a]) and criminal possession of a weapon in the second degree (see, Penal Law § 70.02 [1] [b]); thus, the defendant qualifies as a second violent felony offender (see, Penal Law § 70.04 [1] [a]). As Penal Law § 70.06 (1)…