People v. Burnside

*650OPINION OF THE COURT

Gerald Harris, J.

The defendant, Michael Burnside, was convicted after a jury trial of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). On the date fixed for sentence, July 13, 2006, the People filed a statement of predicate violent felony conviction for drug offender (the statement) which was read to the defendant, alleging that the defendant previously had been convicted of a felony (assault in the first degree) (Penal Law § 120.10 [1]) on July 15, 1993 and that the defendant had been incarcerated in state prison from August 4, 1993 to…