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PEOPLE v. HOLMAN

100308.

2008 NY Slip Op 06223

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID HOLMAN, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided and Entered: July 10, 2008.

Attorney(s) appearing for the Case

Gregory T. Rinckey, Albany, for appellant.

Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), for respondent.

Before: Mercure, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

ROSE, J.

Following his conviction of six felonies committed in 2005, defendant was sentenced as a second felony offender to 12 years of imprisonment followed by three years of postrelease supervision. Defendant now appeals, contending that County Court erred in adjudicating him a second felony offender because more than 10 years had passed since he was sentenced in 1991 on prior convictions of attempted murder in the second degree and...

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