People v. Correa

OPINION OF THE COURT

Arthur J. Cooperman, J.

This motion to controvert a persistent violent felony offender statement brings into focus the question of the applicability of the persistent violent felony offender statute (Penal Law, § 70.08).

Defendant was convicted of criminal possession of a weapon in the third degree after a jury trial.1

The People filed a persistent violent felony offender statement on April 15, 1982. That statement alleges two prior convictions: one for attempted murder in the second degree (Indictment No. 209/76) and a second for robbery in the first degree (Indictment No.…