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Criminal Origins
New York Kings County Violent Predicate Felony Offender Criminal Possession Conviction Sentence Lawyers Attorney
The People of the State of New York, Respondent, v. Peter Balfour, Appellant
Supreme Court of New York, Appellate Division, Second Department
June 13, 1983
Facts:
The defendant appealed a sentence of the Supreme Court, Kings County imposed January 15, 1982, upon his conviction of criminal possession of a weapon in the third degree, on a plea of guilty, the sentence being a prison term of from 2 1/2 to 5 years, upon his adjudication as a second violent felony offender. The sentence was affirmed. Defendant contends that it was error to sentence him as a second violent felony offender based upon his prior conviction on January 25, 1980, for the crime of attempted criminal possession of a weapon in the third degree. He argues that the second violent felony offender statute (Penal Law, § 70.04) does not provide for the use of a conviction as a predicate violent felony conviction where, at the time of its commission, the offense underlying the conviction was not designated as a violent felony offense; and that as applied to him, the second violent felony offender statutes (Penal Law, §§ 70.02, 70.04) violate the ex post facto clause of sections 9 and 10 of article I of the United States Constitution.
Issues:
Whether it was an error to sentence the defendant as a second violent felony offender based upon his prior conviction for the crime of attempted criminal possession of a weapon in the third degree?
Discussion:
This court held that Section 70.04 (subd 1, par [b]) of the Penal Law permits the use of a prior felony conviction as a predicate violent felony conviction if, at the time the present violent felony offense was committed, the offense underlying the prior felony conviction was one of those felonies designated under section 70.02 of the Penal Law as violent felony offenses. Although at the time the violent felony offender law was originally enacted (L 1978, ch 481, § 67), the offense underlying defendant's prior felony conviction had not been designated as a violent felony offense, subdivision 1 of section 70.02 was amended prior to the commission of the instant offense to include as a class E violent felony offense "an attempt to commit any of the felonies.
of criminal possession of a weapon in the third degree as defined in subdivisions four and five of section 265.02 as a lesser included offense of that section as defined in section 220.20 of the criminal procedure law" Defendant's prior conviction falls within this category. Accordingly, at the time defendant committed the instant offense, he stood convicted of one of the offenses designated under the Penal Law as a violent felony offense and was properly sentenced as a second violent felony offender. This court also found to be without merit defendant's contention that it was a violation of the ex post facto clause to sentence him as a second violent felony offender
Conclusion:
This court hence affirmed defendant's sentence because at the time defendant committed the offense, he stood convicted of one of the offenses designated under the New York Penal Law as a violent felony offense and was properly sentenced as a second violent felony offender.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
About the Author
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Lynchburg County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
in condemed criminal origins are the crawlers hallutinations?
i think so.
Condemned: Criminal Origins [Friday Night Special with Simon and Hannah]