People v. Ferguson

OPINION OF THE COURT

Jerome M. Kay, J.

The question to be determined by this court is whether the defendant, Raymond Ferguson, may be sentenced as a persistent violent felony offender under section 70.08 of the Penal Law. Defendant contends section 70.08 of the Penal Law does not provide for the use of a prior conviction in deciding that one is a persistent violent felony offender unless, at the time of the prior felony’s commission, the offense underlying the prior conviction was designated as a violent felony offense. The defendant’s “persistent” felonies both predate the violent felony…