Defendant was sentenced as a predicate felon on the basis of a prior Federal conviction for theft of mail matter under 18 USC § 1709 for which he received a sentence of 18 months. To serve as the basis for a predicate felony conviction under Penal Law § 70.06 (1) (b) (i), the Federal conviction must not only have been for an offense for which a sentence in excess of one year was authorized but must also have been for an offense that would have constituted a felony...
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