Sentence reversed, on the law, and case remanded to the Criminal Term for resentencing.
On February 28, 1974 defendant was sentenced, as a second felony offender, to a prison term of a minimum of five and a maximum of 10 years. However, the sentence for the predicate felony was imposed on December 7, 1973, approximately one-and-a-half months after the occurrence which formed the basis for the instant conviction. Section 70.06 (subd 1, par [b]) of the Penal Law provides...
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