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PEOPLE v. JOHNSON

107 A.D.2d 763 (1985)

The People of the State of New York, Respondent, v. Ronald Johnson, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 1985

Judgment affirmed.

Defendant contends that it was error to sentence him as a persistent felony offender because his commitment to the care and custody of the Narcotic Addiction Control Commission (NACC) for a maximum period of 60 months, pursuant to a 1973 conviction for robbery in the third degree, did not constitute "a term of imprisonment in excess of one year" as required by the persistent felony offender statute (Penal Law, § 70.10, subd 1, par [b], cl ...

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