The findings of fact below are affirmed. Defendant was convicted of murder in the second degree and sentenced, as a second felony offender, to a term of 40 years to life. Statutes prescribing life imprisonment as a maximum term are excluded from the multiple offender laws (see former Penal Law, § 1941). Hence, defendant should be resentenced. In remanding, we note that we do not intend to imply that the term imposed...
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