The plea and sentence minutes both show that the court intended to sentence the defendant to a maximum of 23 years, to run concurrently with a previously imposed reformatory term. However, section 75.10 (subd 2, par [c], cl [ii]) of the Penal Law (subsequently repealed L. 1974, ch 652, § 7), mandates that the unexpired reformatory term run consecutively with the subsequent term, thus frustrating the court's intention. Although it appears defendant is a predicate felon...
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