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PEOPLE v. HAYES

2012-11423, Ind. No. 480/01.

139 A.D.3d 754 (2016)

29 N.Y.S.3d 195

2016 NY Slip Op 03525

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD HAYES, Appellant.

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

Decided May 4, 2016.

Ordered that the resentence is affirmed.

The Supreme Court properly adjudicated the defendant a persistent violent felony offender based on his 1985 conviction of attempted criminal possession of a weapon in the second degree under indictment No. 1103/84 and his 1991 conviction of attempted robbery in the first degree under indictment No. 3334/90 (Penal Law § 70.08 [1] [a]). Contrary to the defendant's contention, his claim that the court violated CPL 380.20...

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