People v. Febos

— Main, J.

Appeal from a judgment of the Supreme Court at Trial Term (Ellison, J.), rendered July 2, 1985 in Tompkins County, upon a verdict convicting defendant of the crime of assault in the second degree.

After a jury trial, defendant was convicted of assault in the second degree, a class D violent felony (see, Penal Law § 70.02 [1] [c]). Based on his previous conviction of criminal possession of stolen property in the second degree, a class E felony (see, Penal Law § 165.45), defendant was to be sentenced as a second felony offender (see, Penal Law § 70.06). At sentencing, both the District…