Legal Question in Criminal Law in New York

Can a possession of a weapon in the second (C Felony), be drop down to a (D Felony) in county court, and when the person hasn't been in any trouble for ten plus years? And that trouble was a conviction of an Attempt. Burg. (D Felony) 1 1/2 to 3? I was 16 at the time, now I'm 30. Since then I�ve change my life around. I went back to high school, and received my Diploma in 2002. I went and graduated from college and earned myself an assoc. degree in 2010.now I'm in trouble and need to know how will these plays out in court? And my second question, what does �Commission of time� mean. And when calculating this ten year period, does it start at incarceration release or release from parole?

PENAL LAW

70.04 Sentence of imprisonment for second violent felony offender.

1. Definition of second violent felony offender.

(a) A second violent felony offender is a person who stands convicted

of a violent felony offense as defined in subdivision one of section

70.02 after having previously been subjected to a predicate violent

felony conviction as defined in paragraph (b) of this subdivision.

(b) For the purpose of determining whether a prior conviction is a

predicate violent felony conviction the following criteria shall apply:

(i) The conviction must have been in this state of a class A felony

(other than one defined in article two hundred twenty) or of a violent

felony offense as defined in subdivision one of section 70.02, or of an

offense defined by the penal law in effect prior to September first,

nineteen hundred sixty-seven, which includes all of the essential

elements of any such felony, or in any other jurisdiction of an offense

which includes all of the essential elements of any such felony for

which a sentence to a term of imprisonment in excess of one year or a

sentence of death was authorized and is authorized in this state

irrespective of whether such sentence was imposed;

(ii) Sentence upon such prior conviction must have been imposed before

commission of the present felony;

(iii) Suspended sentence, suspended execution of sentence, a sentence

of probation, a sentence of conditional discharge or of unconditional

discharge, and a sentence of certification to the care and custody of

the division of substance abuse services, shall be deemed to be a

sentence;

(iv) Except as provided in subparagraph (v) of this paragraph,

sentence must have been imposed not more than ten years before

commission of the felony of which the defendant presently stands

convicted;

(v) In calculating the ten year period under subparagraph (iv), any

period of time during which the person was incarcerated for any reason

between the time of commission of the previous felony and the time of

commission of the present felony shall be excluded and such ten year

period shall be extended by a period or periods equal to the time served

under such incarceration;

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