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 has award decision being of the Supreme Court, Kings County Imposed January 15, 1982, upon conviction of criminal history possession of a weapon in the Third Degree, was plea of guilty, The award being has prison term of from 2 1 / 2 to 5 Years, His tender upon as a second violent felony délinquant. The award affirmed WAS. Defendant contender That It Was HIM error to sentence as a second violent felony based upon historical délinquant Prior conviction on January 25, 1980 For the crime of Attempted criminal possession of a weapon in the Third Degree. He Argues thats 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 Has The Time of icts Committee, The Underlying offense The Convict Was Not Designated as a violent felony offense; And That've 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 defendants as a second violent felony based upon historical délinquant Prior conviction for The Crime of Attempted criminal possession of a weapon in the Third Degree?

Discussion:

This short Held That Section 70.04 (subd 1, by [b]) Of The Penal Law Permits The Use Of A Prior felony conviction as a predicate violent felony conviction if, At The Time The violent felony offense this WAS COMMITTED, The Underlying The offense Prior felony conviction WAS One of Those felonies désigné 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 Although at the Time the violent felony Offender Law WAS Originally Enacted (L 1978, ch 481, § 67), The offense Underlying defendant's prior felony conviction HAD not Been Designated as a violent felony offense, Subdivision 1 of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 Committee 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 oven 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, any The Time defendant Committed The instant offense, he Stood Convicted of One Of The offenses désigné sous le Penal Law as a violent felony offense and WAS Properly Sentenced as a second violent felony délinquant. This short aussi found to Be Without merit defendant's contention That It Was a violation of ex post facto clause The award to HIM as a second violent felony délinquant

Conclusion:

Hence this short affirmed defendant's sentence Because At The Time The defendant Committed offense, he Stood Convicted of One Of The offenses désigné sous le New York Penal Law as a violent felony offense and WAS Properly Sentenced as a second violent felony délinquant.

Disclaimer:

Thesis summaries are Provided By The SRIS Law Group. Theys Represent The Firm's unofficial Views of the Justices' opinions. The original opinion Should Be Their consulted for authoritative content.