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PEOPLE v. TAYLOR

1212, 1879/10.

139 A.D.3d 547 (2016)

30 N.Y.S.3d 559

2016 NY Slip Op 03979

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE TAYLOR, Appellant.

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

Decided May 19, 2016.

The court properly adjudicated defendant a second violent felony offender, because, as we have repeatedly held in cases presenting the same issue, a conviction of criminal possession of a weapon in the third degree pursuant to former Penal Law § 265.02 (4) qualifies as a violent felony (see e.g. People v McGhee, 125 A.D.3d 537 [1st Dept 2015], lv granted 26 N.Y.3d 968 [2015]; People...

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