Following his plea of guilty of the crime of robbery in the third degree, defendant was sentenced as a second felony offender (Penal Law, § 70.06) based upon a prior felony conviction for operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law, § 1192, subd 5). Defendant maintains that the predicate felony offender statute applies only where the predicate conviction is for a crime under the Penal Law. In the alternative, defendant...
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