Legal Opinion

People v. Green

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1994Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Supreme Court did not err in sentencing defendant as a persistent violent felony offender. The People’s statement, filed as required by CPL 400.16 (2), set forth two prior violent felony convictions and, because the People were relying upon the tolling provision of Penal Law § 70.04 (1) (b) (v), also set forth "the date of commencement and the date of termination as well as the place of imprisonment for each period of incarceration to be used for tolling of the ten year limitation” (CPL 400.15 [2]; see, People v Johnson, 196 AD2d 408, 410, lv denied…

2Cases cited3 opinions

  1. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. KoperaAppellate Division of the Supreme Court of the State of New York · 1992

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