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Judgment unanimously affirmed. Memorandum: Although the predicate felony which formed the basis for defendant’s bargained sentence was more than 10 years old, defendant’s sentence as a predicate felon was valid under the statute because of his intervening incarceration (see Penal Law, § 70.06, subd 1, par [b], cl [v]). (Appeal from judgment of Onondaga County Court, Gale, J. — burglary, second degree.) Present — Simons, J. P., Callahan, Doerr, Boomer and Moule, JJ.
Document Info
Filed Date: 9/24/1982
Precedential Status: Precedential
Modified Date: 11/1/2024